Bombay High Court
Dinanath @ Akshay Devendra Belkhode vs The State Of Maha. Thr. P.S.O.,P.S. ... on 8 May, 2024
2024:BHC-NAG:5664
1 949appeal142.2024.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR
CRIMINAL APPEAL NO. 142 OF 2024
APPELLANT: Dinanath @ Akshay Devendra Belkhode,
(Ori. Applicant) Aged about 25 years, Occu: Business,
R/o Plot No. 1 Sarkar Nagar,
Behind Chavhan Colony,
Chandrapur, Tq. and District Chandrapur.
...V E R S U S...
RESPONDENTS 1] State of Maharashtra,
through Police Station Officer,
P.S. Gondpipri, Tq. Gondpipri
and District Chandrapur.
(Ori. Complainant) 2] Tarun s/o Gangaram Umre,
Aged about 40 years, Occu- Social Worker,
R/o at Village Tarda, Tq. Gondpipri,
District Chandrapur.
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Mr. S.A. Mohta, counsel for appellant.
Mr. U.R.Phasate, APP for Respondent No.1.
Ms. C.S.Bhute, counsel (appointed) for respondent No.2.
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CORAM : URMILA JOSHI-PHALKE, J.
DATE : 08/05/2024
ORAL JUDGMENT :
1. Admit. Heard finally with the consent of learned
counsel appearing for the parties.
2. By preferring this appeal, the appellant has
challenged the order dated 21/02/2024 passed by the Additional
2 949appeal142.2024.odt
Sessions Judge and Special Court, Chandrapur in Misc. Criminal
Bail Application No. 76/2024. The appellant is apprehending the
arrest at the hands of police, as crime is registered vide Crime No.
360/2023 for the offences punishable under Sections 307, 326,
341, 143, 147, 148, 504, 506 read with Section 149 of the Indian
Penal Code, 1860, and Section 3(2)(V) of the Scheduled Caste and
the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for
short 'the Atrocities Act').
3. The accusation against the present appellant is on the
basis of report lodged by Tarun Gangaram Umre alleging that
there is a sand ghat in village Kultha, besides his village, one of the
co-accused Swapnil Kashikar had obtained the contract with Akash
Sontakke to excavate the sand of this ghat. On 28/12/2023 he
went along with the Chairman of Tanta Mukti Samiti of his village
towards the sand ghat and found that the co-accused Swapnil
Kashikar and his employees excavating the sand on the said Ghat.
Therefore, they restrained them, at that time, all the co-accused
assaulted him by wooden sticks and iron rod as well as assaulted
his companion and caused injuries to them. On the basis of said
report, police have registered the crime against the present
appellant.
3 949appeal142.2024.odt
4. Learned counsel for the appellant submitted that as
far as the present appellant is concerned, his name is not
mentioned in the First Information Report (FIR), only because
there are criminal antecedents, his prayer for grant of pre-arrest
bail is rejected. There is no specific role attributed to him either in
the FIR or the statement of the witnesses. In view of that, the
interim protection granted to the appellant, deserves to be
confirmed.
5. Learned APP and learned appointed counsel for the
respondent No.2 submitted that from the statements of the
witnesses, the involvement of the present appellant is revealed.
There are criminal antecedents against him. In view of that,
interim protection granted to the present appellant deserves to be
cancelled.
6. After hearing learned counsel for the appellant,
learned APP for the State and learned appointed counsel for
respondent No.2. It reveals that as far as the present appellant is
concerned, his name is not mentioned in the FIR. No specific role
is attributed to him. Even none of the witness has attributed
specific role to the present appellant. As prima-facie case is not
made out against the present appellant, therefore, bar under
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Section 18A of the Atrocities Act is not attracted. In view of that,
the interim protection granted to the present appellant deserves to
be confirmed. Accordingly, I proceed to pass following order :
a) The criminal appeal is allowed.
b) In the event of arrest, the appellant - Dinanath @
Akshay Devendra Belkhode is released on
anticipatory bail in connection with Crime No.
360/2023, registered with Police Station Gondpipri,
District Chandrapur for the offence punishable under
Sections 307, 326, 341, 143, 147, 148, 504, 506 read
with Section 149 of the Indian Penal Code and
Section 3(2)(v) of the Scheduled Castes and the
Scheduled Tribes (Prevention of Atrocities) Act, 1989,
on executing P.R. bond in the sum of Rs.25,000/- with
one solvent surety in the like amount.
c) The order passed by the learned learned Additional
Sessions Judge and Special Court, Chandrapur dated
21/02/2024 is hereby quashed and set aside.
d) The appellant shall attend the concerned Police
Station as and when required for the investigation
purpose.
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e) The appellant shall not directly or indirectly make
any inducement, threat or promise to any witness
who are acquainted with the facts of the case.
f) The fees of the appointed counsel be quantified as per
the Rules.
The Criminal Appeal is disposed of accordingly.
[URMILA JOSHI-PHALKE, J.]
rkn
Signed by: Mr. R.K. NANDURKAR
Designation: PA To Honourable Judge
Date: 09/05/2024 19:25:58
