Bombay High Court
Nireekshan Krushndev Pande vs State Of Maharashtra And Anr on 30 January, 2024
Author: M. S. Karnik
Bench: M. S. Karnik
2024:BHC-AS:4413
PMB 23.apeal.1128-23.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO.1128 OF 2023
NIREEKSHAN KRUSHNDEV PANDE ..APPELLANT
VS.
1. THE STATE OF MAHARASHTRA
2. RITU ANANDKUMAR JAISWAR ..RESPONDENTS
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Adv. Bharat V. Bhatia for the appellant.
Ms. S. D. Shinde, APP for the respondent No.1-State.
Adv. Aditya A. Thorat for respondent No.2.
PSI - V. S. Deshpande, Shivajinagar Police Station,
Ambernath (E).
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CORAM : M. S. KARNIK, J.
DATE : JANUARY 30, 2024
ORAL JUDGMENT :
1. Heard learned counsel for the appellant, learned APP
for the State and learned counsel for respondent No.2.
2. This is an appeal challenging the order below Exhibit-1
dated 22.08.2023 passed by the Additional Sessions Judge,
Kalyan rejecting an application made on behalf of the
appellant-original accused seeking pre-arrest bail.
3. The appellant is apprehending arrest in connection
with C.R.No.366 of 2023 dated 28.07.2023 registered with
Shivajinagar Police Station, Ambernath (E), for the offence
PMB 23.apeal.1128-23.doc
punishable under Sections 324, 352, 354, 504, 506 of the
Indian Penal Code (hereafter 'IPC' for short) and under
Sections 3(1)(r) of the Scheduled Castes and the Scheduled
Tribes (Prevention of Atrocities) Act, 1989 ("Atrocities Act"
for short).
4. It is the allegation of the respondent No.2-complainant
that the appellant is her neighbour who was in the process
of cutting a bael tree which was bearing fruits to which
respondent No.2 objected. The appellant got angry. He
assaulted the respondent No.2 with a wooden stick.
Respondent No.2 sustained injuries. The date of the incident
is 28.05.2023. The FIR was registered on 28.07.2023. It is
alleged that apart from the assault the respondent No.2 was
abused by the appellant in the name of her caste. Though it
is the contention of learned counsel for the appellant that
there is a delay in lodging of the FIR, I am not inclined to
observe anything so far as the delay is concerned in view of
the contention of learned APP and learned counsel for
respondent No.2 that the appellant had attempted to
register the FIR. There are some medical documents on
PMB 23.apeal.1128-23.doc
record to indicate that the respondent No.2 has sustained
injuries. Hence I am not inclined to presently consider the
ground of delay in favour of the appellant.
5. Learned counsel for the appellant submitted that
respondent No.2 has filed cases under the Atrocities Act
against her neighbours. It is submitted that the appellant's
wife stood as a surety for one of the neighbour of the
respondent No.2 against whom respondent No.2 had filed
proceedings under the Atrocities Act and therefore the
complainant held a grudge against the appellant. I find in
the FIR itself that there is a material as to the previous
disputes between the appellant and respondent No.2.
6. The reply has been filed by the respondent No.2 which
is taken on record.
7. Learned APP submitted that there are independent
witnesses who have heard the abuses and witnessed the
assault. Learned APP however on instructions of the
Investigating Officer submitted that the appellant is co-
operating with the investigation. Learned APP nonetheless
submitted that even during the pendency of this appeal,
PMB 23.apeal.1128-23.doc
there were attempts on the part of the appellant to threaten
the respondent No.2 for which the N.C. is registered at her
instance. Learned counsel for the appellant in response, to
show his bonafides, on instructions submitted that the
appellant is even willing to reside outside the area of
Moriwali Pada for the duration which the Court may specify.
8. Considering that there are previous disputes between
the appellant and respondent No.2, the manner in which the
incident has happened, in my opinion the context in which
the words are allegedly used and the intent of the appellant
whether was to commit an offence under the Atrocities Act
will be the subject matter for trial in the facts and
circumstances of the present case. The genesis of the
incident was the cutting down of the bael tree which was
objected to by respondent No.2 which led to the incident.
Prima facie the intention does not appear to abuse the
respondent No.2 in the name of her caste and hence the
provisions of the Atrocities Act may not apply. So far as the
injuries suffered by the complainant are concerned, they
are simple in nature. In my opinion the bar under Section
PMB 23.apeal.1128-23.doc
18 of the Atrocities Act will not apply in the facts and
circumstances of the present case.
9. Considering the nature of the injuries and in view of
what is observed hereinabove, I am inclined to allow the
appeal and thereby confirm the interim order passed by this
Court. Hence, the following order :-
ORDER
(a) The Criminal Appeal is allowed.
(b) The impugned order dated 22.08.2023 passed by
the Additional Sessions Judge, Kalyan is quashed and
set aside.
(c) The interim order dated 30.11.2023 passed by
this Court is confirmed.
(d) In the event of the arrest of the appellant in
connection with C.R. No.366 of 2023 registered with
Shivajinagar Police Station, the appellant-Nireekshan
Krushndev Pande be released on bail on furnishing
Personal Bond and Surety Bond in the sum of
Rs.25,000/-.
(e) The appellant shall report to the Investigating
Officer as and when called.
PMB 23.apeal.1128-23.doc
(f) The appellant shall not enter the area of Moriwali
Pada for a period of six months from today. It is open
for the appellant to apply to the Sessions Court for
modification of this condition after a period of six
months from today which shall be considered on its
own merits without being influenced by the
observations made by me.
(g) The appellant shall not directly or indirectly make
any inducement, threat or promise to any person
acquainted with the facts of the case so as to dissuade
him from disclosing the facts to Court or any Police
Officer. The applicant shall not tamper with evidence.
(h) It is made clear that any attempt on the part of
the appellant to threaten or intimidate the complainant
will be viewed seriously which may entail the
consequences of cancellation of this bail.
(i) On being released on bail, the appellant shall
furnish his contact number and residential address to
the Investigating Officer and shall keep him updated, in
case there is any change.
(j) The appellant shall attend the trial regularly.
The appellant shall co-operate with the trial Court and
shall not seek unnecessary adjournments.
PMB 23.apeal.1128-23.doc
10. The Criminal Appeal is disposed of.
11. I express my gratitude for the able assistance
rendered by the advocate- Mr. Aditya A. Thorat representing
the respondent no.2 appointed through Legal Aid Services
Authority.
(M. S. KARNIK, J.)
Signed by: Pradnya Bhogale
Designation: PA To Honourable Judge
Date: 30/01/2024 18:39:03
