Dinkar @ Ramdas Dashrath Hiwarde vs The State Of Maharashtra And ...
2022 Latest Caselaw 11244 Bom

     IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                BENCH AT AURANGABAD

            901 CRIMINAL APPEAL NO.760 OF 2022

        DINKAR @ RAMDAS DASHRATH HIWARDE
                       VERSUS
       THE STATE OF MAHARASHTRA AND ANOTHER

Mr. S. T. Veer, Advocate for the appellant
Mr. A. M. Phule, APP for the respondent/State
Mr. P. T. Athawade, Advocate for respondent No.2

                                       CORAM : R. G. AVACHAT &
                                               R. M. JOSHI, JJ.
                                       DATED : 21st OCTOBER, 2022

PER COURT :-

1.              This is an appeal filed by the appellant under

Section 14-A of the Scheduled Castes and the Scheduled

Tribes (Prevention of Atrocities) Act, 1989 against the

judgment and order dated 28th September, 2022 passed by

the    learned        Special        Judge,   Aurangabad    rejecting         the

application for regular bail in connection with Crime No.

0366 of 2022 registered with Khultabad Police Station, Tal.

Khultabad, Dist. Aurangabad.



2.              Perused the first information report. It is informed

that the charge-sheet has been filed. The appellant has not


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 been attributed with any overt act indicating any offence

against human body. He is alleged to have abused the

informant and other over their caste.



3.               Learned         APP   for   the   respondent/State           and

learned counsel for the informant have opposed to grant the

application.



4.               Except allegations regarding the appellant to have

abused the informant and others over their caste, there is

nothing indicating involvement of the appellant in the main

offence under Section 302 read with Section 34 of the Indian

Penal Code. The appellant is in jail since 24 th August, 2022.

On investigation, charge-sheet has been filed. It will take

time for the trial to commence and to come to its logical

conclusion. In the facts and circumstances of the case,

detention of the appellant is unwarranted Hence the order.

                                       ORDER

(i)     The appeal is allowed.

(ii)    The appellant be released on bail in connection with




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Crime No. 366 of 2022 registered with Khultabad Police

Station, Tal. Khultabad, Dist. Aurangabad, on his executing

P.R. Bond in the sum of Rs.15,000/- (Rupees Fifteen

Thousand) with one surety in the like amount.

(iii) The appellant shall not tamper with the prosecution

evidence.

(R. M. JOSHI, J.)                      (R. G. AVACHAT, J.)


ssp




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