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2021 Supreme(Bom) 1280

S.S.SHINDE, N.J.JAMADAR
Mahendra Shivshankar Thakur – Appellant
Versus
State of Maharashtra – Respondent


Advocates appeared:
Vinod Kashid, Advocate, Prakash Vare, Advocate, V.B. Konde-Deshmukh, Advocate

JUDGMENT

N.J. Jamadar, J. - This appeal under section 14A of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (SC and ST Act, 1989), is directed against an order dated 22nd April, 2019 passed by the learned Additional Sessions Judge-1, Vasai whereby the application preferred by the appellant/accused to enlarge him on bail, primarily on medical grounds, came to be rejected.

2. The background facts leading to this appeal can be stated in brief as under:

The indictment against the appellant/accused is that, the appellant and Baban Mahadu Mali (the deceased), were dealing in construction business in partnership. A building was being constructed over Survey No. 12, at Mouje Shilottar. After the demise of father of the deceased in the year 2014, it transpired that the said land was actually the ancestral property of the father of the deceased. In the wake of the dispute, the deceased instituted a suit bearing Suit No. 106 of 2016. Thus, the relations between the appellant and the deceased were strained.

3. The prosecution alleges that on 2nd February, 2018 at about 9.00 am while the appellant was passing from in front of the house of the deceased an altercation

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