Bombay High Court
Shrikant S/O Suresh Kale vs State Of Mah. Thr. Pso Ps Ramnagar ... on 28 October, 2021
Bench: V. G. Joshi
1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR.
CRIMINAL APPEAL NO. 276 OF 2021
Shrikant s/o Suresh Kale,
Aged about 34 years,
Occ.- Service,
Resident of - 456, Main Road Pachkhedi,
Tq. Kuhi, Dist. Nagpur
Mob No. - 9595454700
... APPELLANT
VERSUS
1. State of Maharashtra,
through Police Station Officer,
Police Station, Ramnagar, Tah &
Dist - Gondia.
2. Vaishnavi d/o Suresh Meshram
Aged - 24 years,
Occ. Docotr, R/o Sindhi Line,
Ward No. 4, Lakhani, Tah -
Lakhani, Distt. Bhandara.
... RESPONDENTS
_____________________________________________________________
Shri A.P. Wagh, Advocate for the Appellant.
Shri M.J. Khan, A.P.P. for respondent no.1/State.
Shri J.K. Matale, Advocate for respondent no.2.
______________________________________________________________
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CORAM : VINAY JOSHI, J.
DATED : : 28/10/2021
ORAL JUDGMENT :
Heard.
2. ADMIT.
By consent of learned Counsel appearing for the parties, the
appeal is taken up for final hearing.
3. Challenge in this appeal is to the judgment and order dated
26.06.2021 passed in Criminal Bail Application No.150 of 2021 by the
Sessions Judge, Gondia.
4. Perused the case papers and reply in resistance. The
informant-lady aged 26 years was serving as a Medical Officer in a
private Hospital. The appellant/accused was servicing as a Marketing
Manager and used to visit the Hospital for business purpose. The
informant alleges that she got acquainted with the appellant and they
were frequenting with each other on cell phone. She stated that the
appellant took disadvantage of their acquaintance and had expressed
his love. According to the informant, as she refused to succumb to the
wishesh of the appellant, he caused Management to remove the
informant from service. The informant belongs to Scheduled Caste and
therefore, the report of sexual harassment and under Section
3(1)(w)(ii) and 3(2)(va) of the Scheduled Castes and Scheduled Tribes
(Prevention of Atrocities) Act, 1989 (for short ' the SC and ST Act') has
been lodged.
5. Learned Counsel for the appellant would submit that it was a
case of love affair. He has produced copies of call details as well as
photo copies of screen shots to support his contention that both were in
relationship. According to the appellant since the informant was
removed from the service, out of vengeance, she has filed false report.
Prima facie, photographs tendered on record indicates that there was
relationship in between them.
6. So far as the applicability of provisions of the SC and ST Act
are concerned, it is argued that the appellant was unaware about the
caste of the informant. It reveals that neither the appellant was nearby
resident nor having substantial reason to know the caste of the
informant. Since everything was out of love relationship, prima facie it
cannot be said that only because of the informant was a member of
Scheduled Caste, the appellant did the acts. The applicability of
provisions of the SC and ST Act requires consideration. As per
direction of this Court, appellant has attended concerned Police Station
and his mobile handset has been seized. By the time the Police have
complete investigation and charge-sheet has been filed. Having regard
to all these circumstances, the appellant's liberty can be protected,
hence the following order :
(a) The Criminal Appeal stands allowed.
(b) Impugned judgment and order dated 26.06.2021 passed
in Criminal Bail Application No.150 of 2021 by the
Sessions Judge, Gondia is hereby quashed and set aside.
(c) Ad-interim order dated 17.07.2021 is hereby made
absolute upon same terms and conditions. Henceforth,
the appellant shall attend concerned Police Station as
and when called.
JUDGE
Trupti
