Azharuddin Shoukt Shaikh And Anr vs The State Of Maharashtra
2017 Latest Caselaw 1813 Bom

                                                                                  6. cri apeal 219-17.doc


RMA      
                IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                      CRIMINAL APPELLATE JURISDICTION

                                CRIMINAL APPEAL NO. 219 OF 2017


            Azharuddin Shoukat Shaikh & Anr.                              .. Appellants

                                 Versus
            State of Maharashtra                                          .. Respondent

                                                  ...................
            Appearances
            Mr. Pranav H. Bhoite Advocate for the Appellants
            Mr. H.J. Dedia       APP for the State
                                                   ...................



                              CORAM       : SMT. V.K. TAHILRAMANI &
                                              M.S. KARNIK, JJ.

DATE : APRIL 18, 2017.

ORAL ORDER [PER SMT. V.K. TAHILRAMANI, J.] :

1. This appeal is preferred by the appellants - original

accused Nos. 1 and 2 against the order dated 7.1.2017

passed by the learned Additional Sessions Judge -1 Baramati

in Anticipatory Bail Application No. 643 of 2016 preferred by

both the appellants. By the said order, the anticipatory bail

application of both the appellants came to be rejected.

            jfoanz vkacsjdj                                                                    1 of 4



                                                                     6. cri apeal 219-17.doc

2. Learned counsel for the appellants submitted that no

case is made out under The Scheduled Caste & Scheduled

Tribes (Prevention of Atrocities) Act 1989, hence,

anticipatory bail cannot be denied to the appellants.

3. The facts relating to this case are that the informant is

the Talathi. On 10.8.2016 at about 9.30 a.m., Nayab

Tehsildar informed him that two trucks filled with sand were

coming from Swami Chincholi Village towards the highway,

hence, the informant should go there and take action in

relation to these trucks. In view of the directions given by

the Tehsildar, the informant who is the Talathi along with

Kotwal Bapu Londhe went towards Swami Chincholi Village.

On the way, they saw two trucks coming towards them,

hence, they stopped both the trucks. They found that the

trucks were filled with sand. They asked the drivers of the

trucks whether they had permit for transporting sand. The

drivers informed that they had no such permit, hence, the

informant and Kotwal Bapu Londhe sat in both the

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trucks and told the drivers of the trucks to take them to the

office of Tehsildar. At that time, one of the drivers called

someone on the mobile phone. Within a short time, both the

appellants came to the spot on motor cycles. There were

four persons along with them. The appellants caught hold of

the informant Shashikant Sonawane and tried to pull him

down from the truck. At that time, appellant No. 1 abused

the informant Shashikant in relation to his caste. Then the

appellants and the driver of the truck pulled the informant

down from the truck and started assaulting him and stated

that they would finish him. To save his life, informant

Shashikant moved away. At that time, the drivers of the

trucks drove away the trucks full of sand in high speed.

4. As far as appellant No. 1 is concerned, it is the specific

case of the informant that appellant No. 1 abused him with

reference to his caste. In this view of the matter, Section 18

of the Scheduled Caste & Scheduled Tribes (Prevention of

Atrocities) Act 1989 would be attracted, hence, anticipatory

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bail cannot be granted to appellant No. 1.

5. As far as appellant No. 2 is concerned, there is no

reference in the FIR that he has abused anyone in relation to

caste, however, the facts are serious. It shows that both the

appellants were aiding two truck drivers who were illegally

transporting sand and when the Talathi stopped them, they

beat him up and gave threats to finish him. It appears that

there is a big gang involved in smuggling of sand, hence, the

investigating officer should be given fair chance to

investigate. Hence, we are not inclined to grant anticipatory

bail to any of the appellants. The appeal is dismissed.

[ M.S. KARNIK, J. ]                      [ SMT. V.K. TAHILRAMANI, J. ]




jfoanz vkacsjdj                                                              4 of 4