Bombay High Court
Omkar Narayan Jadhav vs State Of Maharashtra And Anr on 8 August, 2024
Gayatri Shimpi 906-APEAL-829-2024.docx
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO.829 OF 2024
Omkar Narayan Jadhav ....Appellant
V/s.
State of Maharashtra and Anr. ....Respondents
________________________________________________
Mr. Satyavrat Joshi i/b Ms. Shivani S. Kondelkar, for the Appellant.
Ms. Rashmi S. Tendulkar, APP for the Respondent-State.
________________________________________________
CORAM : SANDEEP V. MARNE, J.
Date : 8 AUGUST 2024.
P.C. :
1) This is an appeal filed under the provisions of Section
14-A of the Scheduled Castes and the Scheduled Tribes (Prevention
of Atrocities) Act, 1989 (S.C.S.T.Act) challenging order dated 15
July 2024 passed by the learned Special Judge, Pune rejecting the
application for pre-arrest bail filed by the Appellant in connection
with the C.R. No.130 of 2024 registered with Jejuri Police Station
for offences punishable under Sections 143, 147, 148, 149, 324,
323, 504, 506 of the Indian Penal Code and under Sections 3(1)
(rs) and 3(2)(va) of the S.C.S.T. Act.
2) It is the contention that of the learned counsel appearing for the
Appellant that all the IPC Sections included in the FIR are bailable.
Upon a query raised by this Court as to whether Section 324 of IPC
___Page No.1 of 3___
8 August 2024
Gayatri Shimpi 906-APEAL-829-2024.docx
can still be considered as bailable, in view of the amending Act
2005, reliance is placed on Judgment of this Court in Chandra
Kanjappa Kuchchikurwe Vs. State of Maharashtra and Anr. 1 in
which this Court has taken a view that as on 14 December 2012 the
entry 'non-bailable' appearing against Section 324 was not notified.
From various notifications issued from time to time, it appears that
entries relating to Sections 324 and 325 in first schedule of the
Code of Criminal Procedure 1973 are yet to be notified. Prima
facie, therefore, it appears that even Section 324 continues to
bailable offence as of now. This aspect can be further pondering
during the course of final hearing of the Appeal.
3) However, offences under SCST Act are also included in the
FIR on account of the Complainant belonging to Scheduled Caste
Community. Perusal of the FIR would indicate that caste-based
utterances are shown to have been made at 8.30 p.m. on 29 March
2024 by the Appellant however, prima facie there is nothing to
indicate that the same were made in public view. The second
incidents occurred at 9.00 p.m. on 29 March 2024 where the
Appellant and other accused have allegedly assaulted the
complainant. In respect of second incidents, there are no
allegations relating to caste-based utterances.
4) In my view therefore, the Appellant needs to be granted
interim protection till Respondent No.2 makes an appearance in
the Appeal. Though my attention is invited by the learned counsel
appearing for Appellant to Purshis filed by Respondent No.2 stating
that he did not desire to file any reply to the Anticipatory Bail
1. 2013 (1) AIR Bom R 674
___Page No.2 of 3___
8 August 2024
Gayatri Shimpi 906-APEAL-829-2024.docx
Application, still notice to Respondent No.2 would be necessary,
considering the provisions of Section 15 - A of the Act.
5) Accordingly, issue notice to Respondent No.2, returnable on 3
September 2024.
6) The Investigating Officer shall record statement of
Respondent No.2 - as to whether he desires to engage private
Advocate or to avail services of Legal Aid Penal Advocate.
7) Till the next date of hearing, in the event of arrest of the
Appellant, he shall be released on bail on executing P.R. Bond in
the sum of Rs.25,000/- with one or two solvent sureties in the like
amount.
8) The Appellant shall not pressurize the informant or any other
witnesses acquainted with the facts of the case nor shall tamper
with the evidence either directly or indirectly.
9) The Appellant shall furnish identity and address proof of
himself and of his two blood relatives while furnishing sureties.
10) The Appellant shall inform his latest place of residence and
mobile contact number immediately after being released and/or
change of residence or mobile details, if any, from time to time to
the Trial Court as well as to the concerned Police Station in writing.
[SANDEEP V. MARNE, J.]
GAYATRI RAJENDRA
RAJENDRA Date:
SHIMPI 2024.08.09
11:26:02
+0530
___Page No.3 of 3___
8 August 2024
