Bombay High Court
Aslam Lalabhai Mulani vs State Of Maharashtra And Anr on 23 January, 2024
Author: M. S. Karnik
Bench: M. S. Karnik
2024:BHC-AS:3460
Urmila Ingale 24-apeal-1429-23.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO. 1429 OF 2023
Aslam Lalabhai Mulani ..Appellant
VS.
1. The State of Maharashtra
2. XYZ ..Respondents
Mr. Avinash Naikwadi, for the appellant.
Mr. Udayan Shah, for Respondent No.2.
Ms. S. D. Shinde, APP for the State.
Police Constable-Mr. N.A. Golande, Walchandnagar police
station present.
CORAM : M. S. KARNIK, J.
DATE : JANUARY 23, 2024
ORAL JUDGMENT :
1. Heard learned counsel for the appellant, learned
counsel for the respondent no.2 and learned APP.
2. This is an appeal filed under section 14(A) of the
Scheduled Castes and Scheduled Tribes (Prevention of
Atrocities) Act, 1989 (for short 'Atrocities Act') praying for
anticipatory bail in connection with the C.R. No. 726 of 2023
registered with Walchand Nagar police station, Taluka-
Indapur, District-Pune for the offence punishable under
sections 354, 323, 504, 506, 34 of the Indian Penal Code,
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1860 and under sections 3(r)(s), 3(2) of Atrocities Act.
3. The appellant is the accused no.1. There are in all 4
accused. It is the case of the prosecutrix that the appellant
and the other accused are residing in the same area. The
appellant is known to the prosecutrix. It is alleged by the
prosecutrix that though she is a married lady, the appellant
was insisting the prosecutrix that she call him on his mobile
and meet her when her husband is away. The prosecutrix
told about this incident to her husband. The husband of the
prosecutrix therefore proceeded to question the appellant.
The appellant was not found. The appellant's acquaintance,
accused nos. 2 and 3 assaulted the husband of the
prosecutrix. They abused him in the name of caste.
4. The allegation so far as the appellant is concerned is
that he telephonically called the prosecutrix's husband and
abused him in the name of caste. The trial Court in the
impugned order recorded that the appellant has not used
any abusive words of caste of the prosecutrix, however,
considering the seriousness of the accusations, the
application for bail was rejected.
5. Learned APP as well as Mr. Shah, learned counsel for
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the complainant opposed the application. It is submitted
that the accusations are serious and there are specific
allegations about the caste based abuse.
6. As indicated earlier, so far as the appellant- accused
no.1 is concerned, the only role attributed to the appellant
relating to caste based abuse is that he contacted the
husband of the prosecutrix on telephone and abused him.
There are no independent witnesses to corroborate this.
Moreover, it does not appear that the abuses are made in
public view. The trial Court has also observed that there are
no abuses in the name of caste qua the appellant. The
allegations are mainly against accused nos. 2 and 3. In the
facts and circumstances of this case, the appeal deserves to
be allowed. Hence, the following order.
ORDER
i) The appeal is allowed.
ii) The impugned order is quashed and set aside.
Iii) In the event of arrest in connection with C.R. No.
726 of 2023 registered with Walchand Nagar police
station, District-Pune Rural, the appellant- Aslam
Urmila Ingale 24-apeal-1429-23.doc
Lalbhai Mulani, shall be released on bail on furnishing
P.R. Bond of Rs. 15,000/- with one or two sureties in
the like amount.
iv) Till filing of the charge-sheet, the appellant shall
attend the investigating officer of the concerned police
station as and when called and co-operate with the
investigation.
v) After filing of the charge-sheet, the appellant shall
attend the trial regularly.
7. The appeal is disposed of.
8. I appreciate the valuable assistance rendered by Mr.
Udayan Shah, the learned Advocate, who appeared on
behalf of respondent No.2 at my request in this proceeding
and assisted the Court.
(M. S. KARNIK, J.)
Signed by: Urmila P. Ingale
Designation: PS To Honourable Judge
Date: 23/01/2024 18:27:02
