2024:BHC-AUG:23239
29-APEAL-673-2024 II.odt
(This order is corrected pursuant to speaking to minutes order dated 01.10.2024)
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
CRIMINAL APPEAL NO. 673 OF 2024
Mahendra Madan Puri And Another
VERSUS
The State Of Maharashtra And Others
***
•
Mr. D. M. Shinde, Advocate for the Appellants
•
Mr. M. K. Goyenka, APP for the Respondent/State
•
Mr. R. Wagh, Advocate for Respondent No. 3
***
CORAM : R.M. JOSHI, J
DATE : SEPTEMBER 30, 2024
PER COURT :
1. This appeal is filed under Section 14(A) of
the Scheduled Castes and Scheduled Tribes (Prevention
of Atrocities) Act (for short ‘Atrocities Act’)
challenging order dated 22.07.2024 passed by learned
Additional Sessions Judge, Hingoli, Dist. Hingoli in
Criminal Bail Application No. 283/2024 rejecting
application for anticipatory bail in connection with
Crime No. 267/2024 registered with Hingoli Rural Police
Station, Dist. Hingoli for the offences punishable
under Sections 452, 323, 143, 147, 148, 506(2) of the
Indian Penal Code and Sections 3(1)(r), 3(1)(s), 3(2)
(va) of the Atrocities Act.
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2. FIR indicates that the incident has occurred
in two phases. At first instance, there were
altercations in one hotel between the Appellants on one
side and informant and others on the other side. There
is allegation that thereafter allegations that they
went to the house of informant and abused him over his
caste. There is further allegation that they committed
criminal trespass in the house of the informant and
also threatened the father of the informant and abused
and assaulted him.
3. Learned Counsel for the Appellants has drawn
attention of the Court to the order passed by the
learned Additional Sessions Judge rejecting application
wherein it is specifically observed about the incident
in question having not happened in public place and
hence, it is not in public view. It is his submission
that having regard to these facts, the offence is not
made out against them.
4. Learned APP and learned Counsel for Informant
opposed the Appeal by contending that the observations
made by the learned Additional Sessions Judge while
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rejecting the anticipatory bail application of the
Appellants are incorrect. They drew attention of the
Court to the police papers which according to them
indicate that the incident has occurred in front of the
house of the informant and other persons were present
at the relevant time. Thus, it is their contention that
offence under the provisions of the Atrocities Act is
made out and as such, in view of the embargo created by
Section 18 of the Atrocities Act, the Appeal cannot be
allowed.
5. Apart from the fact that the observations made
made by the learned Additional Sessions Judge that the
incident in question occurred in public view, prima
facie perusal of the statement of the witness creates
doubt as to the place at which the incident has
occurred or to whom the alleged utterances were made by
the Appellants were made over the caste. No doubt,
there is embargo created under Section 18 of the
Atrocities Act from entertaining an application for
anticipatory bail, however, it is settled law that if
any prima facie offence is not made out under the
Atrocities Act the said embargo would not apply. In the
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instant case, this Court has serious doubt with regard
to the occurrence of the incident as narrated in the
FIR. Learned Counsel for the Appellants state that
amongst 2 offences in one offence registered against
Appellant No. 1 is quashed by this Court in Criminal
Application No. 1539/2023.
6. Having regard to the aforestated facts, the
custodial interrogation of the Appellants is not
necessary. This is, therefore, a fit case for
protecting liberty of the Appellants. Hence, the order:
O R D E R
(i) In the event of arrest of the Appellants in
connection with Crime No. 267/2024
registered with Hingoli Rural Police Station,
Dist. Hingoli for the offences punishable
under Sections 452, 323, 143, 147, 148,
506(2) of the Indian Penal Code and Sections
3(1)(r), 3(1)(s), 3(2)(va) of the Atrocities
Act, they shall be released on bail on
furnishing PR bond of Rs. 15,000 (Rupees
Fifteen Thousand Only) each with one surety
in the like amount.
(ii) They shall attend the concerned police
station as and when required till filing of
the charge-sheet.
(iii) They shall not contact the witnesses directly
or indirectly.
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(iv) They shall not interfere with the evidence in
any manner whatsoever.
(v) They is further directed to cooperate the
investigating agency for further
investigation.
(R.M. JOSHI, J.)
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