Sushma Bhimrao More vs State Of Maharashtra Thr. Pso Ps ...
2021 Latest Caselaw 6752 Bom

                                               1                               34.apeal361.2020.odt

                      IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                   BENCH AT NAGPUR

                    CRIMINAL APPLICATION (APPA) NO. 126 OF 2021
                                        IN
                        CRIMINAL APPEAL NO. 361 OF 2020 (D)
  (SUSHMA BHIMRAO MORE...VS.. STATE OF MAH.THR.PSO PS SHEGAON, DISTT. BULDANA &
                                      ANR.)
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Office Notes, Office Memoranda of Coram,                                 Court's or Judge's orders
appearances, Court's orders of directions
and Registrar's orders
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                            Shri Alok Daga, Advocate for Applicant.
                            Shri T. A. Mirza, A.P.P. for Non-applicant No.1.

                                    CORAM : Z.A.HAQ & AMIT B. BORKAR, JJ.

DATED : APRIL 27, 2021.

Criminal Appeal No. 361 of 2020 filed by the accused (present non-applicant No.2) under Section 14-A of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 came to be allowed by this Court by Judgment dated 8th December 2020. This Court, directed that the present non-applicant No.2-accused be released on bail on conditions, as stated in the order. Now the present Criminal Application is filed by the victim alleging that after the non- applicant No.2-accused came to be released on bail, he alongwith his brother -Gajanan Tayade assaulted the applicant-victim with blade due to which she suffered injuries on her left hand and she has lodged report with the Police Station Amravati City and the First Information Report vide Crime No. 0899 of 2020 is registered against the non- applicant No.2-accused and his brother.

2] By an order dated 31 st March 2021, this Court directed issuance of notice to the non-applicant No.2-accused, making it returnable on 16th April 2021. The matter was listed before this Court on 22 nd April 2021 on which date

2 34.apeal361.2020.odt

Advocate appearing for the applicant/victim stated that one more offence was committed by the non-applicant No.2- accused, punishable under Sections 376, 376-D, 366 and 323 of Indian Penal Code. A Statement was made by the learned APP that the non-applicant No.2 was served with the notice of the Criminal Application.

3] None appears for the non-applicant No.2. On query, learned APP stated that as per the instructions given by the Investigating Officer, though Police is making efforts to arrest the non-applicant No.2-accused, he is not traceable.

4] Accepting the submissions made on behalf of the applicant that after the non-applicant No.2 came to be released on bail, he committed crime for which First Information Report is registered against him and further as the non-applicant No. 2 has chosen not to counter the accusation made by the applicant, we pass the following order:

i] The judgment passed by this Court in Criminal Appeal No. 361 of 2020 on 8 th December 2020 is recalled and the bail granted to the non-applicant No.2- Mohan Sahebrao Tayade, Aged about 27 Years, R/o. Ambhoda, Tah. & Distt. Buldana, presently R/o. Motihari, East Champaran, Bihar is cancelled.

ii] The Investigating Agency shall take further steps in the matter.

iii] Criminal Application is allowed, accordingly.

                          (AMIT B. BORKAR, J)                  ( Z.A.HAQ, J.)

  Namrata