Namdeo Rambhau Agre vs Police Inspector, Police ...
2022 Latest Caselaw 1722 Bom

                                                      48-CriAppeal-125-2022
                                    -1-

            IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                        BENCH AT AURANGABAD

                     48 CRIMINAL APPEAL NO. 125 OF 2022

                       NAMDEO RAMBHAU AGRE
                                VERSUS
        POLICE INSPECTOR, POLICE STATION, PARNER, DISTRICT
                      AHMEDNAGAR AND OTHERS
                                  .....
             Advocate for Appellant : Mr. Jaiswal Rupesh A.
             APP for Respondent No.1-State : Mr. R. D. Sanap
                                  .....

                               CORAM : V. K. JADHAV AND
                                       SANDIPKUMAR. C. MORE, JJ.

DATED : 21st FEBRUARY, 2022

PER COURT:-

1. Heard.

2. Learned counsel for the appellant submits that the Additional

Sessions Judge, Ahmednagar by order dated 09.12.2021 below

Exhibit 1 in Criminal Bail Application No. 1869/2021 has granted

regular bail to respondent nos. 2 and 3/original accused in connection

with crime no. 839/2021 registered with Parner Police Station,

Ahmednagar for the offence punishable under Sections 302, 201 r/w

34 of IPC. Learned counsel submits that the APP before the court

below has specifically pointed out in the reply that Sections 3(1)(r)(s)

(m) and 3(2)(v-a) of the Scheduled Castes and Scheduled Tribes

(Prevention of Atrocities) Act, 1989 came to be added against accused

48-CriAppeal-125-2022

nos. 1 and 3. Despite the same, the court below has not issued notice

to the present appellant-informant as provided under Section 15A (3)

and (5) of the Scheduled Castes and Scheduled Tribes (Prevention of

Atrocities) Act, 1989. Learned counsel has placed his reliance in a

case Hariram Bhambhi v. Satyanarayan and Another [Criminal

Appeal No. 1278/2021 decided by the Supreme Court by judgment

dated 29.10.2021], wherein it is observed that the provisions of Sub-

section (3) of Section 15A of the Scheduled Castes and Scheduled

Tribes (Prevention of Atrocities) Act, 1989 are mandatory.

3. Learned counsel for the appellant also submits that the order

passed by the Additional Sessions Judge, Ahmednagar, granting bail

to the respondents-accused even under Section 302, 201 r/w 34 of

IPC was without application of mind.

4. In view of the above submissions, issue notice to the

respondents, returnable on 07.03.2022. Learned APP waives notice

for respondent no.1-State.

5. Call papers.

(SANDIPKUMAR C. MORE, J.) (V. K. JADHAV, J.) vre