Vitthal S/O Haridas Gogate vs State Of Mah., Thr. Pso Ps Civil ...
2021 Latest Caselaw 270 Bom

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                  IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
                            NAGPUR BENCH, NAGPUR.


                           CRIMINAL APPEAL NO. 732 OF 2019


 Vitthal S/o. Haridas Gogate,
 Aged 23 years, Occ : Labourer,
 R/o. Laxmi Nagar, Mothi Umari,
 Akola.
                                                                     .... APPELLANT.

                                    // VERSUS //


 1.    The State of Maharashtra,
       through Police Station Officer,
       Police Station, Civil Lines, Akola
       Tq. and District : Akola.

 2.    Priyanka D/o. Haridas Kachote,
       Aged 20 years, Occ - Nil,
       R/o. C/o. Mahesh Bagera Jaiswal,
       In front of Godown, Mothi Umari,
       Akola, Tq. And Dist. Akola,
       Presently residing at
       C/o. Sangita W/o. Haridas Gogate,
       Laxmi Nagar, Mothi Umari, Akola,
       Tq. And Dist. Akola.
                                                   .... RESPONDENTS.
  ___________________________________________________________________
 Shri A.M.Tirukh, Advocate for Appellant.
 Shri T.A.Mirza, A.P.P. for Respondent No.1/State.
 None for Respondent No.2.
 ___________________________________________________________________


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

DATED : JANUARY 06, 2021.

ORAL JUDGMENT : (Per : Amit B. Borkar, J.)

1. Heard.

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 2.                ADMIT.

3. This is an appeal filed under Section 14-A of the Scheduled

Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989

challenging the order dated 11th October 2019 passed by Judge, Special

Court, Akola in Misc. Criminal Application No.693 of 2019 in connection

with First Information Report No.405 of 2019 registered with respondent

No.1 Police Station for the offences punishable under Sections 376(2)(n),

506 of the Indian Penal Code and under Section 3(1)(r),(s),(w) of the

Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act,

1989.

4. The First Information Report came to be registered against the

appellant with the accusations that the respondent No.2 was in relationship

with the appellant from December 2018. It is further alleged in the report

that the appellant continuously physically exploited the respondent No.2

from time to time. The appellant was arrested on 21 st September 2019. The

appellant, therefore, filed Misc. Criminal Application No. 693 of 2019 under

Section 439 of the Code of Criminal Procedure seeking bail. The learned

Special Judge, Akola by impugned order dated 11 th October 2019 rejected

the application. The appellant has therefore, filed present appeal before this

Court. This Court on 8th November 2019 issued notice to the respondents

and released the appellant on provisional bail subject to condition stated in

the said order.

Judgment 3 apeal732.19.odt

5. The respondent No.2 after service of notice has not appeared

before this Court either personally or through Advocate. The appellant

through his counsel has filed pursis before this Court on 17 th January 2020

producing on record Marriage Certificate of the appellant with respondent

No.2. As per the Marriage Certificate annexed to the pursis, it appears that

marriage between the appellant and the respondent No.2 was performed on

15th December 2019.

6. Having considered the allegations in the First Information

Report and the impugned order, we are satisfied that the order of grant of

provisional bail deserves to be confirmed. In addition to the prima-facie case

made out by the appellant, the fact of marriage is a circumstance which

weighs in favour of the appellant for confirmation of the order of provisional

bail. The appellant has stated that he is not involved in any crime/offence.

The prosecution has not been able to point out that the appellant has

misused the liberty granted to him by order dated 8 th November 2019. It is

also not pointed out that the custodial interrogation of the appellant is

necessary.

7. We, therefore, pass the following order:

i) The impugned order dated 11th October 2019 passed by

Special Judge, Akola in Misc.Criminal Application No.693 of

2019 is quashed and set aside.

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                  ii)        The order dated 8th November 2019, granting provisional bail

to the appellant, is hereby confirmed on the same conditions

stated in the said order.

The criminal appeal is allowed in the above terms.

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

RRaut..