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Shaikh Sana Farheen Shahmir And ... vs The State Of Maharashtra And ...
2023 Latest Caselaw 1862 Bom

Citation : 2023 Latest Caselaw 1862 Bom
Judgement Date : 24 February, 2023

Bombay High Court
Shaikh Sana Farheen Shahmir And ... vs The State Of Maharashtra And ... on 24 February, 2023
Bench: V. V. Kankanwadi, Abhay S. Waghwase
                                                             criapl988.22+
                                        1



      IN THE HIGH COURT OF JUDICATURE AT BOMBAY

                               BENCH AT AURANGABAD


                    CRIMINAL APPEAL NO.988 OF 2022

 1) Shaikh Sana Farheen Shahmir,
    Age-24 years, Occu:Student,

 2) Shahmir Shamshoddin Shaikh,
    Age-46 years, Occu:Service,

 3) Shaikh Khaja Begum Shaikh Shahmir,
    Age-40 years, Occu:Household,

 4) Shaikh Saziya Sadaf Shaikh Shahmir,
    Age-19 years, Occu:Student,

 All R/o-Aziz Colony, Naregaon,
 Aurangabad, District-Aurangabad.
                                                      ...APPELLANTS
                                            (Orig. accused Nos.1 to 4)
        VERSUS

 1) The State of Maharashtra,
    Through Police Station Officer,
    Kranti Chowk Police Station,
    District-Aurangabad,

 2) Deepak Ramdas Sonawane,
    Age-26 years, Occu:Nil,
    R/o-Flat No.223, Naik Nagar,
    Deolai Parisar, Aurangabad,
    Taluka and District-Aurangabad.
                                                         ...RESPONDENTS

                 ...
    Mr. V.D. Sapkal, Senior Counsel i/b. Mr. Patel Khizer Advocate
    for Appellants.
    Mr. S.D. Ghayal, A.P.P. for Respondent No.1 - State.
    Mr. S.B. Deshpande Advocate for Respondent No.2.
                 ...


::: Uploaded on - 24/02/2023                    ::: Downloaded on - 25/02/2023 18:16:35 :::
                                                        criapl988.22+
                                  2



                 WITH

                 CRIMINAL APPEAL NO.20 OF 2023

 Deepak Ramdas Sonawane,
 Age-26 years, Occu:Nil,
 R/o-223, Naik Nagar,
 Deolai Parisar, Aurangabad.

                                                   ...APPELLANT
        VERSUS

 1) The State of Maharashtra,
    Through City Chowk Police Station,
    Aurangabad

 2) Shaikh Sana Farheen Shahmir,
    Age-24 years, Occu:Student,

 3) Shahmir Shamshoddin Shaikh,
    Age-46 years, Occu:Service,

 4) Shaikh Khaja Begum Shaikh Shahmir,
    Age-40 years, Occu:Household,

 5) Shaikh Saziya Sadaf Shaikh Shahmir,
    Age-19 years, Occu:Student,

 All R/o-Aziz Colony, Naregaon,
 Aurangabad, District-Aurangabad.
                                                   ...RESPONDENTS

                ...
    Mr. Swapnil B. Joshi Advocate for Appellant.
    Mr. S.D. Ghayal, A.P.P. for Respondent No.1 - State.
    Mr. V.D. Sapkal, Senior Counsel i/b. Mr. Patel Khizer Advocate
    for Respondent Nos.2 to 5.
                ...


                CORAM: SMT. VIBHA KANKANWADI AND
                       ABHAY S. WAGHWASE, JJ.

criapl988.22+

DATE OF RESERVING JUDGMENT : 9th JANUARY 2023

DATE OF PRONOUNCING JUDGMENT : 24th FEBRUARY 2023

JUDGMENT [PER SMT. VIBHA KANKANWADI, J.] :

1. Admit.

2. The appellants in Criminal Appeal No.988 of 2022 are the

original accused Nos.1 to 4 in Crime No.299 of 2022 registered

with Kranti Chowk Police Station, District-Aurangabad, which is

lodged at the behest of respondent No.2 - original informant.

The appellants had filed application under Section 438 of the

Code of Criminal Procedure, bearing Anticipatory Bail Application

Nos.2353 of 2022 before the learned Special Judge under the

Scheduled Castes and Scheduled Tribes (Prevention of Atrocities)

Act (for short "Atrocities Act"), Aurangabad. The said application

came to be rejected on 20th December 2022. Hence the

appellants have filed Criminal Appeal No.988 of 2022 under

Section 14-A(2) of the Atrocities Act.

3. In Criminal Appeal No.988 of 2022, heard Mr. V.D. Sapkal,

learned Senior Counsel instructed by Mr. Patel Khizer Advocate

for Appellants, Mr. S.D. Ghayal, learned APP for Respondent No.1

criapl988.22+

- State and Mr. S.B. Deshpande, learned Advocate for

Respondent No.2. In Criminal Appeal No.20 of 2023 heard

learned Advocate Mr. Swapnil B. Joshi for the Appellant and

learned APP as well as learned Senior Counsel appearing for

respective respondents.

4. It has been submitted by learned Senior Counsel Mr.

Sapkal instructed by Mr. Patel Khizer, learned Advocate for

Appellants in Criminal Appeal No.988 of 2022 that the learned

Special Judge wrongly held that taking into consideration the

seriousness, sensitivity, gravity and the offence, crucial stage of

investigation and as there is bar under Section 18 and 18-A of

the Atrocities Act, it will not be proper to release the accused on

pre-arrest bail and thereby refused to grant the anticipatory bail.

The learned Special Judge failed to consider that in the First

information Report (for short "FIR") itself respondent No.2 has

come with the case that there was love affair between him and

accused No.1 and there was exchange of the amounts in lakhs of

rupees between them. According to the informant the offence

had taken place between 1st March 2018 to 20th August 2022, yet

he lodged the report with Kranti Chowk Police Station on 2 nd

December 2022. There is total suppression of the earlier

complaint which he had filed with City Chowk Police Station and

criapl988.22+

when City Chowk Police Station refused to take cognizance, he

approached to Kranti Chowk Police Station. One more aspect

from the contents of the FIR which is required to be considered

is that there is total suppression of the offence lodged with

Chikalthana Police Station, Aurangabad bearing Crime No.363 of

2022 on 3rd September 2022 by accused No.1 against the

informant for the offence punishable under Sections 376(2)(n),

384, 354, 354-D, 506 read with Section 34 of the Indian Penal

Code. The documents regarding conversation on WhatsApp

between accused No.1 and the informant would show that there

was love affair between them. When there is a love affair, then

there is no scope for caste or community. It also appears that

the accused Nos.2 and 3, who are the parents of accused No.1,

had no objection for their relationship. But informant says that

they all were insisting that he should accept Islam, get himself

converted and then perform marriage with accused No.1. The

informant has stated that somewhere in March 2021 there was

forcible circumcision (Khatana). It was impressed upon the

informant that after the circumcision he has become Muslim and

then by giving threats he was left home. But, still then the

informant says that he had paid lakhs of rupees to accused No.1

and total amount which he gives, which were given by him to

criapl988.22+

accused No.1 was amounting to Rs.11,00,000/-. It is the say of

the informant that thereafter also the accused persons asked

him to give amount of Rs.25,00,000/- which he refused to pay

and then offence under Section 354 of the Indian Penal Code

was filed by accused No.1 against him with MIDC, Cidco Police

Station on 29th September 2021. He says that even in the

premises of the District Court, Aurangabad he was threatened.

Informant further says that it was told by accused No.1 to him

that she got married in January 2022 but she wants to get

divorce and wants to marry him and therefore, he should give

her amount. So from February to August, 2022 the informant

had transferred amount of Rs.1,70,000/- in the account of

accused No.1. Again the informant says that accused No.1 was

threatening him and asking him to convert himself and was

making demand for the amount. On 21 st March 2022 it is stated

that he was abused in the name of the caste. It is submitted that

all these contentions would show that as per the convenience,

the informant was changing his story. Rather on 21 st March 2022

the informant had given affidavit stating that due to some

misunderstanding the offences were registered against each

other but now there is settlement and there is no dispute

pending against each other. The said document has been

criapl988.22+

notarized on 21st March 2022 before the Notary Public. Even a

colour of Love-Jihad was tried to be given to the entire story,

however the police are negativating that angle. News item to

that extent has also been published. The story that has been

given in the FIR is concocted. Now it appears that the

investigation is almost complete and only the act of filing of

charge-sheet is remained. The learned trial Judge had also

granted interim protection to the accused persons and all the

accused have cooperated with the investigation. The offences

under the Atrocities Act are prima facie not attracted taking into

consideration the admitted love relationship between the

informant and accused No.1. Reliance has been placed on the

decision in Mr. ABC vs. the State of Maharashtra and

another, 2021 All MR (Cri) 3664, wherein almost on the

similar facts, where there were exchanges of WhatsApp

messages when it was found that there was love affair, it was

held that no offence under the Atrocities Act can be said to be

made out.

5. Learned Advocate Mr. Deshpande has made submissions

on behalf of the informant in Criminal Appeal No.998 of 2022.

criapl988.22+

6. The informant has also filed Criminal Appeal No.20 of 2023

under Section 14-A of the Atrocities Act to challenge the order of

extending interim protection by the learned Special Judge in the

said Bail Application No.2353 of 2022 by order dated 20 th

December 2022 to original accused Nos.1 to 4. It has been

submitted by learned Advocate Mr.Joshi that though the learned

Special Judge rejected both the applications, yet relied on Dr.

Sameer Narayanrao Paltewar vs. the State of

Maharashtra, Criminal (APL) 393 of 2021, decided by the

learned Single Judge of this Court, Bench at Nagpur on 21 st

August 2021. It has been submitted that when the application

itself was not maintainable under Section 438 of the Code of

Criminal Procedure in view of the bar under Section 18 and 18-A

of the Atrocities Act, the relief or directions under Section 438(4)

of the Code of Criminal Procedure could not have been extended.

It has been submitted that the decision in Prathvi Raj

Chauhan vs. Union of India and others, 2020 AIR (SC)

1036, has not been considered in proper context by the learned

Special Judge.

7. It has been further submitted on behalf of the informant

while supporting the reasons for rejecting the anticipatory bail

application, that the offence is serious. Though there was a love

criapl988.22+

affair between the informant and accused No.1, yet accused

No.1 as well as her family members i.e. her parents and sister

were insisting that the informant should convert himself to Islam

and for that purpose by asking him to come to Gulmandi,

Aurangabad in March 2021, informant was forcibly taken to

Naregaon, where he was confined in a room. Even accused No.2

urinated on him and entire scene has been video-graphed by

accused No.1. It was to force the informant to accept Islam.

Thereafter the informant was brought to City Chowk and taken

to nearby hospital. It was told to him that he has been brought

there for circumcision and if he speaks anything then he would

be defamed by making his video viral. It is then stated that the

informant was confined and then his circumcision has been done.

Everything has been done under pressure and by applying

physical force. Even huge amount has been extracted forcibly

from him which is amounting to extortion and then the informant

has been abused in the name of the caste. There are lodgments

of various complaints even by the informant against the accused

persons. In fact the informant was trying to lodge the report

even since prior to 2nd December 2022 and actually he had

tendered written complaints on 20th August 2022, 22nd August

2022, 2nd September 2022 etc. to the Police Commissioner,

criapl988.22+

Aurangabad, however, no action was taken. Reliance has been

placed on the affidavit on behalf of respondent No.2, which is

nothing but the reproduction of his FIR and other complaint

applications which he has filed.

8. It has been further submitted on behalf of the informant

that the accused persons have now taken help of local MLA and

as regards the incident dated 20 th August 2022 is concerned, the

accused persons with the said MLA, his security guard and two

unknown persons had abused the informant in the name of his

caste, assaulted him at the gunpoint in front of the house of the

MLA and it is stated that the police persons, whose help was

taken by the informant immediately after the incident, in their

statements under Section 161 of the Code of Criminal Procedure

have disclosed the involvement of the MLA, yet he has not been

arrayed as an accused nor any action for his arrest has been

undertaken. Rather the informant has grievance against the

investigating agency. The investigation is still incomplete and

therefore, the decision taken by the learned Special Judge while

rejecting the anticipatory bail application is absolutely correct,

however, the protection that was granted to the accused persons

deserves to be set aside.

criapl988.22+

9. Per contra, the learned APP also supported the reasons

given by the learned Special Judge while rejecting the

application and submitted that the contents of the FIR as well as

the police papers would show that there is sufficient material to

attract the provisions under the Atrocities Act. Though the

accused persons had knowledge about the caste of the

informant, yet they abused him, they have assaulted him. There

is an attempt to convert the informant into Islam and for that

purpose his circumcision has been done. Informant was required

to undergo the medical examination and the medical opinion has

been given that the informant has undergone circumcision.

There are statements of the witnesses which would show that

there was force on the informant from the accused persons to

get himself converted. Therefore, taking into consideration the

seriousness of the offence as well as the fact that abuses were

given in the name of caste in a public view, the learned trial

Judge has correctly held that the application is barred under

Section 18 and 18-A of the Atrocities Act.

10. First of all we would like to consider Criminal Appeal

No.988 of 2022, which is filed by the original accused persons.

Perusal of the FIR lodged by respondent No.2 would clearly do

not show any specific role to accused No.4 who is the sister of

criapl988.22+

accused No.1. Furthermore, accused No.4 is only 19 years old

girl, whereas respondent No.2 is 26 years old. Why she would

give abuses on the name of the caste to respondent No.2 is a

question and also whatever allegations are stated to be against

her are in chorus with other accused. Therefore, clearly offences

under the Atrocities Act are prima facie not made out against

accused No.4.

11. As per the FIR itself the informant is admitting his love

affair with accused No.1. He has stated that they were

classmates since 2018 and after the initial friendship, love

developed between them. It is not the case of the informant that

he has never disclosed his caste to accused No.1. He was

acquainted with accused Nos.2 and 3 also, who are the parents

of accused Nos. 1 and 4. He himself says that when accused

No.1 was insisting that he should perform marriage with her and

it should be by acceptance of Islam by him, he had told the said

fact to accused Nos.2 and 3 and at that time they had given

understanding to accused No.1. That means he has posed, prima

facie a good relationship between him and accused Nos.2 and 3

at that point of time. When the initial relationship was good and

the caste or the religion was not the barrier for them, then the

question of raising the issue of caste or community or religion at

criapl988.22+

a later point of time will not arise. It appears that thereafter the

relationship was bitter. The informant says in his FIR that

demand about his conversion to Islam before the marriage was

made by accused No.1 prior to March 2021 but then he does not

say that he severed his relationship with accused No.1. He states

about his alleged abduction plus confinement and also

circumcision somewhere in March 2021. But, still the informant

had not lodged immediate FIR, but then he says that thereafter

also he had given money, online to accused No.1. Informant

states that he has transferred more than lakhs of rupees in the

account of accused No.1, still he had not severed the

relationship. Each time even after the offences were registered

by accused No.1 against him, he has not lodged any report. This

is what is surprising here.

12. The informant further states that around February 2022

accused No.1 met him, informed him that her marriage had

taken place but still she wants to get divorce from the husband

and for that purpose he should help her financially. This fact also

appears to have not prompted him to lodge a report. Thereafter

also informant has transferred amount in the account of accused

No.1 as per his own contentions and the ultimate event is said to

have been taken place on 12 th August 2022. No doubt the

criapl988.22+

documents produced by the informant definitely shows that he

had tried to lodge report prior to 2nd December 2022 but it

appears that it was not recorded by the police. But he could have

definitely filed a private complaint with the appropriate Court but

he has not done that. Thus even the apparent look at FIR, which

is permissible in view of Prathvi Raj Chauhan vs. Union of

India and others, (supra), we can see that there is inordinate

delay in lodging the FIR. When there is inordinate delay, it

affects the story and may loose its importance. The fact will have

to be observed that when the base for the relationship was the

love affair, there was no barrier of caste or religion and

therefore, prima facie case under the Atrocities Act cannot be

said to be made out. Definitely the observations in Mr. ABC vs.

the State of Maharashtra and another, (supra) are helpful

here. The learned Special Judge erred in stating that the

application under Section 438 of the Code of Criminal Procedure

filed by the present appellants was barred under Section 18 and

18-A of the Atrocities Act.

13. Another aspect also ought to be taken into consideration

that on 3rd September 2022 accused No.1 had already filed FIR

against respondent No.2 - informant with Chikalthana Police

Station, for the offence punishable under Sections 376(2)(n),

criapl988.22+

384, 354, 354-D, 506 read with Section 34 of the Indian Penal

Code, which is against the informant herein as well as his family

members, wherein also present accused No.1 has alleged that

she has given amount of around Rs.96,000/- to informant,

online. Definitely it can be supported by a documentary

evidence. This shows that there were financial transactions

between the informant and accused No.1 and when such transfer

of amount is made online, there is less possibility of amount

being extracted, however, that depends upon the facts of the

case.

14. It appears that now the colour has been tried to be given

of Love-Jihad, but when love is accepted then there is less

possibility of the person being trapped just for converting him

into the other's religion. The facts of the case i.e. contents of the

FIR would show that there were many opportunities to the

informant for severing his relationship with accused No.1 but he

has not taken that step. Merely because the boy and girl are

from different religion, it cannot have a religions angle. It can be

a case of pure love for each other.

15. It is to be noted that accused No.1 has filed other cases

also against the informant and out of which some are prior in

criapl988.22+

time. Though the informant appears to have praying for action to

be taken against accused persons since 20 th October 2021 in

which he has made allegations about pressurizing him to convert

to Islam and when no action was taken by the Police

Commissioner, he has filed complaint before the Judicial

Magistrate First Class, Aurangabad. In the said compliant he had

not made allegations about abuses in the name of the caste

thereby making allegations that the offence under the Atrocities

Act is also involved. If that would have been so, then the private

complaint ought to have been lodged before the learned Special

Judge under the Atrocities Act. However, learned Judicial

Magistrate First Class (Court No.9), Aurangabad by order dated

31st December 2021, refused the prayer for sending the matter

for investigation under Section 156(3) of the Code of Criminal

Procedure and kept the matter for verification of the

complainant. No further document has been produced by the

informant that as to whether he has challenged the said order

about rejection of his application for sending the matter for

investigation under Section 156(3) of the Code of Criminal

Procedure.

16. Another fact to be noted is that though these matters were

going on, still on 21st March 2022 it is stated that there was

criapl988.22+

settlement and affidavit has been sworn by the informant stating

that the dispute between him and accused No.1 had arisen due

to misunderstanding and now there is settlement between them.

No doubt the learned Advocate for the informant has his own

objections for the said document, but as on today at this prima

facie stage, the said document, which appears to be a notarized

document, can be considered. Therefore, taking into

consideration all these aspects, we are of the opinion that prima

facie offence under the Atrocities Act are not made out and

therefore, there was no bar under Section 18 or 18-A of the

Atrocities Act considering the application under Section 438 of

the Code of Criminal Procedure. Conclusion drawn by the learned

Special Judge in that respect is wrong.

17. It can be seen from the police papers that substantial part

of the investigation is over and the charge-sheet is about to be

filed. Under such circumstance the physical custody of the

appellants is not necessary for the purpose of investigation.

Three of the appellants are ladies and that is also one of the

point that is required to be considered. Another aspect to be

noted is that the appellants have attended the police station,

which was made part of the interim protection and it has not

criapl988.22+

been pointed out that they have misused the liberty that has

been granted.

18. One more fact that is required to be considered is that

initially it appears that the informant has approached the City

Chowk Police Station but his FIR was not taken but then for the

same set of facts and without disclosing his approach to the City

Chowk Police Station, he got the FIR lodged with Kranti Chowk

Police Station. This action on the part of the informant is also

considered and it is one of the circumstance which prompts us to

grant anticipatory bail to the appellants.

19. Much has been said about the medical evidence of the

informant about circumcision. The police papers show that there

is evidence of circumcision. However, the expert was unable to

say as to whether the said circumcision was natural or was due

to any surgical intervention. The expert was also unable to say

as to whether it was done by any medical professional or in a

traditional way of Islam by an unauthorized person. He was also

unable to say as to when it would have been done. Therefore, in

view of this kind of evidence, which is not supporting the

contents of the FIR even at this prima facie stage, the benefit of

the same will have to be given to the appellants - original

criapl988.22+

accused persons. The evidence collected i.e. statements of the

witnesses is that of mainly of the parents. Now, much has also

been said about the involvement of MLA at a later stage of

events. No doubt there is a statement of one police person

saying that he and his team had met the informant near the

house of said MLA but his statement does not go further. When

the involvement of the MLA is still under investigation, we would

like to refrain ourselves from making any observations in respect

of the same.

20. Independently, we are concluding that since no offence

under the Atrocities Act is transpiring at this prima facie stage,

there was no hurdle for the learned Special Judge to grant

anticipatory bail to the appellants. Criminal Appeal No.988 of

2022, therefore, deserves to be allowed by setting aside the said

impugned order passed by the learned Special Judge.

21. Now, turning towards the Appeal filed by respondent No.2

i.e. original informant, bearing Criminal Appeal No. 20 of 2023, it

is of academic importance now. Informant was challenging the

part of the impugned order i.e. interim protection granted earlier

to the appellants - applicants was extended for three days.

Reliance was placed on the decision in Dr. Sameer

criapl988.22+

Narayanrao Paltewar vs. the State of Maharashtra, (supra).

Perusal of the said decision would show that it was in respect of

the directions that can be given under Section 438(4) of the

(Maharashtra Amendment Act) Code of Criminal Procedure and it

was held that said section empowers the Sessions Court to

extend the interim protection operating in favour of the accused

for the maximum period of three working days. However, in this

case we agree to the legal principle submitted by learned

Advocate Mr. Joshi for the informant that once the Court comes

to the conclusion that there is bar under Section 18 or 18-A of

the Atrocities Act to the application for anticipatory bail i.e.

under Section 438 of the Code of Criminal Procedure, then

provisions of Section 438(4) of Code of Criminal Procedure will

not be applicable. However, the basic record does not show that

there was an application by the prosecution for directions to the

applicants - accused that the Court should direct them to remain

present on the final date. If there was no such application under

Section 438(4) of the Code of Criminal Procedure by the

prosecution, the directions given by this Court in Dr. Sameer

Narayanrao Paltewar vs. the State of Maharashtra, (supra)

will not be applicable. However, it is now to be seen that the said

interim protection was extended by the Special Court for three

criapl988.22+

days and then thereafter this Court by order dated 23 rd

December 2022, granted interim protection to the appellants. It

can be seen that the appellants had approached this Court well

within time i.e. on 23rd December 2022. Therefore, now there is

no question of setting aside the said impugned part of the order

passed by the learned Special Judge. Accordingly, Criminal

Appeal No. 20 of 2023 deserves to be dismissed.

22. For the reasons stated above, we proceed to pass following

order:-

ORDER

(I) Criminal Appeal No.988 of 2022 stands allowed.

(II) The order passed in Anticipatory Bail Application No.2353 of 2022 dated 20th December 2022 by the learned Special Judge under the Scheduled Castes and Scheduled Tribes (Prevention of the Atrocities) Act, Aurangabad stands set aside. The said application stands allowed.

(III) Interim protection granted to the appellants in Criminal Appeal No.988 of 2022 by this Court by order dated 23 rd December 2022 stands confirmed. It is clarified that in the event of arrest of the appellants in Criminal Appeal No.988 of 2022 i.e. appellant No. 1 - Shaikh Sana Farheen Shahmir, appellant No.2 - Shahmir Shamshoddin Shaikh, appellant No.3 - Shaikh Khaja

criapl988.22+

Begum Shaikh Shahmir and appellant No.4 - Shaikh Saziya Sadaf Shaikh Shahmir in connection with Crime No.299 of 2022 registered with Kranti Chowk Police Station, District-Aurangabad for the offence punishable under Sections 386, 364, 298, 324, 504, 506 read with Section 34 of the Indian Penal Code and Sections 3(1)(r), 3(1)(s), 3(2)(va) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, they be released on bail on PR Bond of Rs.15,000/- each with one solvent surety in the like amount each.

(IV) Appellant No.2 - Shahmir Shamshoddin Shaikh shall attend Kranti Chowk Police Station on every Monday between 11.00 a.m. to 2.00 p.m. till filing of the charge-sheet and co-operate with the investigation. As Appellant Nos.1, 3 and 4 are ladies, we are asking appellant No.2 only to attend the police station.

(V) As regards appellant Nos.1, 3 and 4 in Criminal Appeal No.988 of 2022 are concerned, if their presence is required, the Investigating Officer may call them in day time only.

(VI) The appellants in Criminal Appeal No.988 of 2022 shall not tamper with the evidence of the prosecution witnesses in any manner. They shall not indulge in any criminal activity.

(VII) Criminal Appeal No.20 of 2023 stands dismissed.




 [ABHAY S. WAGHWASE]               [SMT. VIBHA KANKANWADI]
     JUDGE                                   JUDGE




                                                                   criapl988.22+




 LATER ON :


 .        After the pronouncement of the order, learned Advocate for

respondent No.2 in Criminal Appeal No.988 of 2022 seeks stay

to the order. It will not be out of place to mention here that

though the learned Special Judge had rejected the application,

he had continued the interim protection for three days and

thereafter within three days this Court had granted interim

protection. Under such circumstance, when the liberty of the

appellants has been considered and it is held that prima facie the

offence under the Atrocities Act has not been made out, under

the said circumstance, there cannot be stay. The repercussion of

the stay, if granted, would be no protection to the appellants

thereby allowing the investigating agency to arrest the

appellants, which cannot be allowed when the Appeal has been

allowed on merits. Hence, the oral prayer stands rejected.




 [ABHAY S. WAGHWASE]                        [SMT. VIBHA KANKANWADI]
     JUDGE                                            JUDGE
 asb/FEB23





 

 
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