Bombay High Court
Shri Vijay S/O Chatarbhuj Bansod vs State Of Mah., Thr. Pso P S Dharni ... on 6 January, 2021
Bench: Z.A. Haq, Amit B. Borkar
14 apeal 545.19.odt
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR.
CRIMINAL APPEAL NO.545 OF 2019
1. Shri Vijay S/o Chatarbhuj Bansod,
aged about 63 years, Occupation
-Cultivator, R/o Kusumkot, Tahsil
Dharni, District Amravati M.No.
9404821951 ....APPELLANT/ACCUSED
// VERSUS //
1. State of Maharashtra
Through P.S.O. Police Station, Dharni
Tahsil Dharni, District Amravati.
2. Sau. Shashikala W/o Santosh Sarage,
aged about 34 years, Occupation - House Wife,
R/o Kusumkot, Tahsil Dharni, District Amravati. .... RESPONDENTS
Shri Sameer S. Das, Advocate for the appellant.
Ms. Mayuri Deshmukh, A.P.P. for the respondent No.1/State.
Shri N. M. Kolhe, Advocate (Appointed) for the respondent No.2.
______________________________________________________________________
CORAM : Z. A. HAQ AND
AMIT B. BORKAR, JJ.
DATE : 06.01.2021
ORAL JUDGMENT : [PER: AMIT B. BORKAR, J.]
1. Heard.
2. Admit.
3. This is an appeal under Section 14-A of the Scheduled
Castes and the Scheduled Tribes (Prevention of Atrocities) Act,
14 apeal 545.19.odt
1989 (hereinafter referred to as " the Act of 1989") challenging the
order dated 23rd July, 2019 passed by the Additional Sessions
Judge-1, Achalpur, District Amravati in Misc. Criminal Bail
Application Case No.376/2019 in connection with Crime
No.281/2019 registered with the Police Station Dharni for the
offences punishable under Sections 452, 354, 294, 504 and 506 r/w
34 of Indian Penal Code and Sections 3(1)(r), 3(1)(s), 3(1)(w),
3(2)(v)(va) of ("the Act of 1989").
4. The First Information Report came to be registered
against the appellant on 9th July, 2019 with the accusations that the
appellant offended modesty of the respondent No.2 and damaged
her house. It is also alleged that the appellant abused the
respondent No.2. The appellant, therefore, moved the Sessions
Judge by way of Misc. Criminal Bail Application No.376/2019
which came to be rejected in view of the bar contained under
Section 18-A of the Act of 1989. The appellant, therefore, filed the
present appeal. This Court on 26 th August, 2019 issued notice to the
respondents and granted protection in favour of the appellant
directing not to take coercive steps against him.
14 apeal 545.19.odt
5. After hearing the advocates for the parties, and after
going through the contents of First Information Report and the
impugned order, we find that the accusations in the First
Information Report, prima-facie, do not constitute the offence under
the provisions of the Act of 1989. Prima-facie, the allegations in the
First Information Report are vague in nature. The appellant, in
paragraph No.2 of appeal memo, has stated that there is no criminal
antecedents to the discredit of the appellant. The prosecution has
not pointed out that the appellant has misused the liberty granted
by the order dated 26th August, 2019. It is also not pointed out that
the custodial interrogation of the appellant is necessary. We
therefore, are confirming the order dated 26 th August, 2019
granting interim protection to the appellant.
6. Hence, following order is passed:-
(i) The impugned order dated 23rd July, 2019 passed by the
Additional Sessions Judge - 1, Achalpur, District Amravati in Misc.
Cri. Application No.376/2019 is quashed and set aside.
(ii) In the event of arrest of the appellant in relation to Crime
No.281/2019 lodged with the Police Station Dharni for the offences
14 apeal 545.19.odt
punishable under Sections 452, 354, 294, 504 506 and 34 of Indian
Penal Code and Sections 3(1)(r), 3(1)(s), 3(1)(w), 3(2)(v)(va) of
the Scheduled Castes and the Scheduled Tribes (Prevention of
Atrocities) Act, 1989, the appellant be released on bail on furnishing
P.R. bond of Rs.20,000/- with one solvent surety in the like
amount.
(iii) The appellant shall not influence the witnesses of the
prosecution and shall cooperate with the investigation.
The Criminal Appeal is allowed in the above terms.
JUDGE JUDGE
RGurnule
