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1995 Supreme(Bom) 377

R.M.LODHA
Ramchandra Govindrao Watkar & another – Appellant
Versus
State of Maharashtra – Respondent


JUDGMENT - LODHA R.M., J.:---Heard the learned Counsel for parties.

2. By this application under section 438 of the Criminal Procedure Code, 1973 (for short, the 'Cri.P.C.'), the applicants who are accused in Crime No. 167/95 registered at Police Station, Pulgaon on 4-6-1995, are seeking their enlargement on bail in the event of their arrest. The said crime has been registered at the instance of the Ramesh Waghmare and it is alleged that on the date of incident i.e. 4-6-1995 at about 8.30 p.m. accused/applicant No. 2 Wasudeo abused the complainant who is Scheduled Caste and also assaulted him. The offence is registered by the Police in the Crime No. 167/95 against the accused/applicants under section 324 read with section 34 of the Indian Penal Code and also under section 3(1)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short, the 'Prevention of Atrocities Act').

3. Apprehending their arrest, the accused/applicants made an application for grant of anticipatory bail before the Additional Sessions Judge, Wardha under section 438 of the Criminal Procedure Code and the said application has been rejected by the Additional Sessions Judge, Wardh














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