Ramkrushan S/O Champatrao ... vs State Of Mah. Thr. Pso Ps ...
2021 Latest Caselaw 14771 Bom

Order                                                                                  cr.appeal 420.21
                                                    1

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

                                CRIMINAL APPEAL NO. 420/2021
  (Ramkrushna s/o Champatrao Waghade and others Vs. State of Maharashtra and another)


Office notes, Office Memoranda of
Coram, appearances, Court's orders                         Court's or Judge's Orders
or directions and Registrar's orders.

                                          Mr. A.M. Sudame, Advocate for applicants.
                                          Ms. T.H.Udeshi, APP for non-applicant no.1/State.

                                                        CORAM : VINAY JOSHI, J.

DATE : 08.10. 2021.

Heard.

2. In anticipation of arrest in Crime No.

211/2021 registered with the Police Station

Bramhanthadi, District Amravati for offences

punishable under Sections 294, 323, 427 and 503

read with Section 34 of the Indian Penal Code

read with Section 3(1)(r), 3 (1) (s) and 3(2)(va)

of the Scheduled Castes and Scheduled Tribe

(Prevention of Atrocities) Act, 1989, the

applicants are praying for pre-arrest protection.

3. The learned Counsel for the applicants

also seeks for interim protection.

Order cr.appeal 420.21

4. It is the prosecution case that on

16.9.2021 while the informant was raising

structure of compound wall, the applicants

intervened and abused informant in the name of

caste.

5. The learned counsel for the applicants

would submit that the contents of FIR are

fabricated one. He has pointed out that there was

trite dispute in between them at the instance of

raising compound wall.

6. The applicants have filed a copy of a

communication issued by Sarpanch dated

2.8.2021 to indicate that there was a dispute

between at the instance of common lane and

raising of compound wall. Moreover, the

applicants would submit that on the date of

occurrence, the informant and her husband have

abused them in filthy language for which they

have filed a counter report. It is the submission

Order cr.appeal 420.21

that there was no intentional insult or intimidation

with a view to humiliate the schedule caste people

meaning thereby there was no adequate mens rea.

In support of said submission, reliance is placed on

the following judgments:

(i) Yuvraj Mohansingh Pardeshi Vs. State of

Maharashtra reported in AIR Online 2019 BOM

957; and

(ii) Kiran s/o Madhukar Ingle Vs. State of

Maharashtra passed in Criminal Appeal No.787 of

2018 dated 26.2.2019.

7. Moreover, it is submitted that perusal of

the FIR nowhere discloses that only because the

informant belongs to scheduled caste, the incident

occurred. It is his contention that a dispute arose

at the instance of raising compound wall. The

submission regarding applicability of the provisions

of the Atrocity Act requires consideration. The

applicants liberty can be protected till the matter

is heard on merits.

Order cr.appeal 420.21

8. In view of that, the following order:-

(i) Issue notice to the non-applicants returnable after three weeks. Learned APP waives service of notice for the non-applicant no.1/State.

(ii) In the event of arrest of the applicants - (1) Ramkrushna s/o Champatrao Waghade (2) Sachin s/o Ramkrushna Waghade and (3) Suhas s/o Ramkrushna Waghade, they be released on bail on his furnishing P.R. Bond of Rs.25,000/- each with one surety in the like amount.

(iii) The applicants shall attend concerned Police Station on every Sunday in between 11.00 a.m. to 02.00 p.m. till further order.

(iv) The applicants shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case, as also shall not tamper with the evidence.

JUDGE

ambulkar.