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2021 Supreme(Bom) 1376

VINAY JOSHI
Lata Kishor Sarvayya – Appellant
Versus
State of Maharashtra – Respondent


Advocates appeared:
S.B. Gadhia, Advocate, for the Appellant / M.J. Khan, A.P.P. and V.P. Mohod, Advocate, for the Respondents

JUDGMENT

Vinay Joshi, J. - Heard.

Admit. By consent of learned Counsel for the parties, the appeal is taken up for final hearing.

2. This is an appeal filed by the appellant under Section 14-A of the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Amendment Act, 1989 (hereinafter referred to as “the Atrocities Act” for short), challenging the order dated 23.11.2020 of rejection of pre-arrest bail passed by the Additional Sessions Judge, Amravati in Criminal Bail Application No. 1417/2020.

3. Apprehending to be arrested in Crime No. 940/2020 registered with respondent no. 1-Gadge Nagar Police Station, Amravati for the offence punishable under Sections 506 of the Indian Penal Code, Sections 3[1][c], 3[1][r], 3[1][s] and 3[1][w] [ii] of the Atrocities Act, the appellant initially approached to the trial Court for grant of pre-arrest protection, however, she failed, hence, in this appeal she urged to set aside the impugned order and to grant pre-arrest protection in terms of Section 438 of the Code of Criminal Procedure.

4. At the instance of a report dated 21.10.2020, lodged by the informant-lady, the aforesaid crime came to be registered. The grievance is in two parts. The

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