Govind S/O Sanjay Sharma And ... vs State Of Mha. Thr. Pso Ps Shegaon ...
2023 Latest Caselaw 86 Bom

                                                                                    J-APEAL-679-2022.odt
                                            1

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

             CRIMINAL APPEAL NO.679 OF 2022

    APPELLANTS                     : 1. Govind s/o Sanjay Sharma
                                        Aged- 20yrs, Occ. - Education
                                       2. Gurucharan s/o Sanjay Sharma
                                            Aged- 22yrs, Occ. - Education

                                            Both R/o Arogya Colony, Shegaon Ta.
                                            Shegaon Dist. Buldhana.
                                            ..VERSUS..

    RESPONDENTS : 1. State of Maharashtra,
                     Through Police Station Officer Police
                     Station Shegaon City, Tq. Shegaon
                     Dist- Buldana.

                                       2. XYZ (VICTIM)
                                          Crime No.286/2022, Police Station
                                          Shegaon City, Tq. Shegaon Dist-
                                          Buldana.
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    Shri S. V. Sirpurkar, Advocate for the Appellants.
    Shri N. S. Rao, APP for the Respondent No.1/State.
    Ms N. G. Chaubey, Advocate (Appointed) for the Respondent No.2.
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       CORAM :             VINAY JOSHI AND VALMIKI SA MENEZES, JJ.

       DATE           :    3rd JANUARY, 2023.


   ORAL JUDGMENT : (PER : VINAY JOSHI, J.)


   .               Heard.
                                                     J-APEAL-679-2022.odt

2. By consent of the learned Counsel appearing for the

parties, Criminal Appeal is taken up for final disposal at the

stage of admission.

ADMIT.

3. This is an appeal under Section 14A of the

Scheduled Castes and Scheduled Tribes (Prevention of

Atrocities) Act, 1989 (for short, "SC and ST Act") challenging

the order of rejection of regular bail passed in Special Case

No.67 of 2022 vide order dated 15.09.2022. Both the

Appellants were arrested by the Police of Shegaon Police

Station, District Buldana in connection with the offence

punishable under Sections 376, 324, 354, 354A(1)(i) and

506 of the Indian Penal Code and under Sections 3(1)(w)(i),

3(1)(w)(ii), 3(2), 3(V) and 3(2)(va) of the SC and ST Act.

4. At the instance of report lodged by Victim a

married lady aged 21 years, crime has been registered. It is her

contention that on 26.03.2022, she alongwith her husband

started to reside in the rented premises owned by both the

Appellants-accused. Victim's husband used to go out for J-APEAL-679-2022.odt

labour work and in his absence, both the accused were

entering in her room and making physical advances. Both of

them have also sexually abused her on threat of dire

consequences. The Victim has not disclosed the things to her

husband out of fear. After three months, they left the tenanted

room, shifted elsewhere, and thereafter, she has lodged report.

5. Shri Sirpurkar, learned Counsel appearing for

Appellants-accused would submit that the story as narrated by

Victim is totally improbable. The Victim is major and her

non-disclosure of alleged incident to her husband is also

improbable. It is Appellants' contention that the Victim and

her husband have avoided to pay the rent and when it was

demanded, they have been falsely implicated. As per Police

report, the alleged incident took place somewhere in the first

and second week of April-2022, whilst the Police report has

been lodged after three months. The Victim though was

staying with her husband, she has not disclosed the things to

her husband, but continued to stay in said room for next three

months, which prima facie, appears to be doubtful. Already

Police have completed investigation and charge-sheet has J-APEAL-679-2022.odt

been filed. By the time the Victim has left to reside at Shegaon

and staying elsewhere. This Court has already granted interim

protection prior to two months, but there is no complaint of

misuse of liberty. Having regard to all above facts, it is a fit

case to exercise our judicial discretion in releasing accused on

bail.

6. In view of above, criminal appeal is allowed. The

impugned order dated 15.09.2022 passed by Special Judge,

Khamgaon, Dist. Buldana in Special Case No.67 of 2022 is

hereby quashed and set aside. Interim order passed by this

Court on 21.10.2022 is hereby made absolute with further

condition that the Appellants shall not tamper or contact the

prosecution witnesses in any manner.

7. Criminal appeal stands disposed of in above terms.

Criminal applications, if any, stand disposed of.

8. Fees of appointed Counsel be paid as per Rule.

                                     (VALMIKI SA MENEZES, J.)            (VINAY JOSHI, J.)

Digitally Signed By:ASHISH
ASHOKRAO TAMBE
Personal Assistant
to Hon'ble JUDGE                TAMBE
Signing Date:03.01.2023 18:29