Bombay High Court
Sachin Narendra Gotmare vs State Of Mah. Thr. Pso Kalmeshwar ... on 16 July, 2021
Bench: V.M. Deshpande, Amit B. Borkar
1 Cr.Appeal No.35.2021-J
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR.
CRIMINAL APPEAL NO.35 OF 2021.
Sachin Narendra Gotmare,
Aged about 39 Years, Occ.: Labourer,
R/o. Post Ghorad, Tq. Kalmeshwar,
Dist., Nagpur. .... APPELLANT
------ VERSUS -----
1. State of Maharashtra,
Through P. S. O. Kalmeshwar,
Distt. : Nagpur.
2. Sugantibai Shivkumar Tekam,
Age about : 39 years,
R/o. C/o. Manoj Golawar,
Ghorad, Tah : Kalmeshwar,
Distt. : Nagpur.
2A. Sumanlal S/o. Hajari Kajle,
Aged about : 35 years,
Occu. : Labourer,
R/o. C/o.: Ashok Patle, Ubali,
Kalmeshwar, Distt : Nagpur. .... RESPONDENTS
________________________________________________________________
Shri S. A. Chaudhari, Advocate for the Appellant.
Shri T. A. Mirza, A.P.P. for the Respondent No.1/State.
_________________________________________________________________________________________________________________________________
CORAM : V. M. DESHPANDE AND
AMIT B. BORKAR, JJ.
DATE : 16.07.2021.
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
challenging the order passed by the Additional Sessions Judge - 11,
Nagpur in Miscellaneous Criminal Application No.1663/2020 dated
19.08.2020 arising out of the First Information Report No.769/2018
under Sections 376-D, 452, 324, 294 and 34 of the Indian Penal
Code read with Sections 3(2)(va), 3(1)(w)(i)(ii), 3(2)(v) 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 and others with the accusations that on
16.10.2018 when the victim was in her house at about 8.00 p.m.,
the appellant along with another co-accused entered the house of
the victim and committed sexual assault on the victim and abused
her in filthy language. When the husband of the victim entered into
the house, the co-accused Natthu and the appellant fled away from
the spot. The First Information Report was therefore registered
against the appellant and another co-accused. The appellant was
arrested on 18.10.2018 and Charge-Sheet was filed on 26.12.2018.
5. The appellant filed application under Section 439 of the
Code of Criminal Procedure which is rejected by the impugned
order dated 19.08.2020. The appellant has therefore filed the
present appeal. This Court on 15.01.2021 issued notice to the
respondents by condoning the delay and released the appellant on
provisional bail.
6. The Investigating Agency in pursuance of the notice has
filed reply and stated that there is strong prima facie case against
the appellant and there is possibility of commission of similar crime
by the appellant if he is released on bail. The respondent No.2 has
filed her reply and opposed grant of bail to the appellant.
7. We have carefully considered the allegations in the First
Information Report and the material brought on record in the form
of Charge-Sheet. The learned Advocate for the appellant has placed
on record copy of order of this Court in Criminal Appeal
No.452/2020 granting bail to co-accused in the crime.
8. Shri T. A. Mirza, learned Additional Public Prosecutor
appearing for respondent No.1/State has not disputed that the role
attributed to the appellant in Criminal Appeal No.452/2020 is
similar to the role of appellant in the present appeal. Therefore, on
the ground of parity, the appellant deserves to be released on bail.
Even otherwise also, this Court by order dated 15.01.2021 had
granted provisional bail to the appellant. The respondents have not
brought on record any material that the appellant has misused
liberty granted to him by the order of provisional bail.
9. We therefore, pass the following order.
i. The impugned order dated 19.08.2020 passed by
the Additional Sessions Judge - 11, Nagpur in
Miscellaneous Criminal Application No.1663/2020 is
quashed and set aside.
ii. The order of release of appellant on provisional
bail dated 15.01.2021 is confirmed on the same terms
and conditions.
The appeal is allowed in the above terms.
JUDGE JUDGE
RGurnule
