Bombay High Court
Sou. Kiran Alias Durga W/O Suresh ... vs The State Of Maharashtra Through Pso ... on 7 October, 2024
2024:BHC-NAG:11261
J.67.cri.appeal.362.24.odt 1/4
IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
NAGPUR BENCH, NAGPUR.
CRIMINAL APPEAL NO.362 OF 2024
Sou. Kiran alias Durga w/o Suresh Chavhan
Age 45 years, Occupation - Private/Housewife,
R/o Fawara Chowkh, Gujari Ward,
Bramhapuri, District Chandrapur
...APPELLANT
VERSUS
1. State of Maharashtra,
through Police Station Officer,
Bramhapuri Police Station,
District Chandrapur
2. Mr. Pankaj s/o Arun Tumane,
Aged about Major,
Occupation - Private,
R/o Gujari Ward, Fawara Chowkh,
Bramhapuri, District Chandrapur
...RESPONDENTS
_______________________________________________________
Mr. A.S. Kesari, Advocate for the appellant.
Mr. Nitin Autkar, APP for the State.
_______________________________________________________
CORAM : URMILA JOSHI-PHALKE, J.
DATED : OCTOBER 7, 2024.
ORAL JUDGMENT :
ADMIT. Heard finally with the consent of learned Counsel
for the parties.
2. By preferring this appeal, the appellant has challenged the
order dated 10.06.2024 passed by the Additional Sessions Judge,
J.67.cri.appeal.362.24.odt 2/4
Chandrapur in Criminal Bail Application No.384/2024 by which the
anticipatory bail application of the present appellant in connection with
Crime No.190/2024 registered under Sections 294 and 506 read with
Section 34 of the Indian Penal Code and under Sections 3(1)(r), 3(1)(s)
of the Scheduled Castes and the Scheduled Tribes (Prevention of
Atrocities) Act, 1989 (hereinafter referred to as 'the Act of 1989') is
rejected.
3. The appellant is apprehending arrest at the hands of police
as crime is registered against her along with the other co-accused on the
basis of report lodged by Pankaj Arun Tumane on an allegation that
during the dispute between them on account of open land the present
appellant and the other co-accused abused him on his caste and also
assaulted him. On the basis of said report, police have registered the
crime against the present appellant and the other co-accused.
4. Learned Counsel for the appellant submitted that as far as
the present appellant is concerned, the general allegation is made
against her that she has abused the informant. Even on perusal of the
said sentence, it reveals that it was merely a reference to the caste. He
submitted that other co-accused are already released on bail. Mere
reference to the caste is not sufficient to attract the provisions of the
Atrocities Act, and therefore, bar under Section 18 of the Act of 1989, is
not attracted.
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5. Learned APP strongly opposed the said appeal on the
ground that in view of bar under Section 18A of the Act of 1989, the
application deserves to be rejected, and therefore, the appeal devoid of
merits and liable to be dismissed.
6. After hearing the learned Counsel for the appellant and
learned APP for the State, perused the recitals of the FIR as well as the
investigation papers from which it reveals that general allegation is
made against the present appellant and that is only to the reference of
the caste. As far as the bar under Section 18 of the Act of 1989 is
concerned now it is well settled that when prima facie case is not made
out bar will not attract and the anticipatory bail application of the
accused is maintainable. Considering the entire material on record and
the recitals in the FIR, it reveals that there is only reference to the caste
and omnibus allegation is made against the present appellant that she
has also abused the informant on his caste. Considering the nature of the
allegation made against the present appellant, no prima facie case is
made out. In view of that, the order passed by the learned Special Court
deserves to be quashed and set aside. Accordingly, I proceed to pass
following order:
(i) The appeal is allowed.
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(ii) The order passed by the Additional Sessions Judge,
Chandrapur in Criminal Bail Application No.384/2024
dated 10.06.2024 is quashed and set aside.
(iii) In the event of arrest, in connection with Crime
No.190/2024 registered under Section 294 and 506 read
with Section 34 of the Indian Penal Code and under
Sections 3(1)(r), 3(1)(s) of the Scheduled Castes and the
Scheduled Tribes (Prevention of Atrocities) Act, 1989, the
appellant - Sou. Kiran Alias Durga w/o Suresh Chavhan
shall be released on anticipatory bail on executing P.R. bond
in the sum of Rs.25,000/- with one solvent surety in the like
amount.
(iv) The appellant shall attend the concerned Police
Station as and when required for the investigation purpose
and shall cooperate with the investigating agency.
(v) The appellant shall not induce, threat or promise any
witnesses who are acquainted with the facts of the case.
7. The appeal is disposed of.
(URMILA JOSHI-PHALKE, J.)
*Divya
