Bombay High Court
Dadarao Bhimrao Gomase And 6 ... vs State Of Mah. Thr. Pso Ps Borgaon ... on 8 January, 2021
Bench: Z.A. Haq, Amit B. Borkar
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH: NAGPUR
CRIMINAL APPEAL NO. 248 OF 2020
1. Mr. Dadarao Bhimrao Gomase,
Age 53 years, Occupation - Agriculturist,
2. Kalpana Dadarao Gomase,
Age 48 Years, Occupation - Household Work,
3. Sakshi Dadarao Gomase,
Age 26 Years, Occupation - Education,
4. Minal Dadarao Gomase,
Age 21 Years, Occupation - Education,
5. Bhimrao Sharao Gomase,
Age 75 Years, Occupation - Nil,
6. Dilip Bhimrao Gomase,
Age 50 Years, Occupation - Nil,
7. Babarao Bhimrao Gomase,
Age 48 Years, Occupation - Agriculturist,
All R/o. Kaulkhed Gomase,
Taluka & Dist. Akola. ....APPELLANTS
// VERSUS //
1. State of Maharashtra,
Through Police Station Officer,
Police Station Borgaon Manju,
Dist. Akola.
2. Ku. Pranali Pramod Umale,
Aged 20 Years, Occupation - Student,
R/o. Kaulkhed Gomase,
Taluka & Dist. Akola. .... RESPONDENTS
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Shri S.R.Kadam, Advocate h/f Shri R.R. Vyas, Advocate for the
appellants.
Ms. Mayuri Deshmukh, A.P.P. for the respondent No.1/State.
CORAM : Z. A. HAQ AND
AMIT B. BORKAR, JJ.
DATED : 08/01/2021.
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,
1989 (for short "the Act of 1989") challenging the order dated
06.06.2020 passed by the Judge, Special Court, Akola, in Misc.
Criminal Application No.347/2020, arising out of Crime No.193/2020
registered on 18.05.2020 for offences punishable under Sections 366,
376 (2)(n), 313, 504 and 506 read with Section 34 of the Indian
Penal Code and Sections 3 (1) (r)(s) (w)(i)(ii), 3(2)(va) of the the Act
of 1989.
4. First Information Report came to be registered with the
respondent no.1 - Police Station against the appellants with the
accusation that the appellants helped the main accused in bringing
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the respondent no.2 to Akola and also coerced the respondent no.2 to
transfer two acres agricultural land in the name of main accused.
5. The appellants, therefore, moved the learned Judge,
Special Court, Akola, by way of Misc. Criminal Application
No.347/2020 under Section 439 of the Code of Criminal Procedure,
which was rejected by the impugned order dated 06.06.2020.
6. The appellants, therefore, filed the present appeal in
this Court. This Court on 30.06.2020 granted provisional bail to
the appellants on the conditions stated in the said order.
7. It is pointed out by the learned Additional Public
Prosecutor that the respondent no.2 is served with notice of
appeal. Inspite of service of the notice, the respondent no.2 has
not appeared either personally or through her Advocate.
8. We have carefully scrutinized the contents of the
First Information Report and other material on record. After
going through the accusations in the First Information Report, we
are of the view that the allegations made against the present
appellants are vague in nature.
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9. The record shows that the medical examination of the
respondent no.2 has been conducted and the statements of her
parents were also recorded. The prosecution has not shown as to
why custodial interrogation of the appellants are necessary. The
prosecution has not shown that the appellants have misused the
liberty granted to him by the order dated 30.06.2020. It is stated
by the appellants that no other crime is registered against the
appellants. We, therefore, pass the following order:
ORDER
(i) Criminal Appeal is allowed;
(ii) The impugned order dated 06.06.2020 passed by the
Judge, Special Court, Akola in Misc. Criminal Application
No.347/2020 is quashed and set aside; and
(iii) The order of grant of provisional bail by this Court
dated 30.06.2020 to the appellants is hereby confirmed on the
same conditions stated in the said order.
Criminal Appeal is disposed in the above terms.
Cri. Application (APPA) NO.282/2020
In view of disposal of the Criminal Appeal, Criminal
Application for grant of time to file affidait on record stands disposed.
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Cri. Application (APPA) No.283/2020
In view of disposal of the Criminal Appeal, Criminal
Application for time to file certified copy of order stands disposed.
JUDGE JUDGE
Ambulkar
