Vinod S/o. Shankar Thakare vs State of Maharashtra

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2022 Supreme(Bom) 1049

G. A. SANAP
Vinod S/o. Shankar Thakare – Appellant
Versus
State of Maharashtra – Respondent

Advocates:
Advocate Appeared:
For the Petitioner: Mr. T. U. Tathod
For the Respondent: Mr. A. A. Madiwale, Mr. P. S. Wathore

JUDGEMENT :

1. Heard. Admit. Heard finally by consent of learned counsel for the parties.

2. In this appeal filed under Section 14-A of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short “SC ST Act”) challenge is to the order dated 09.06.2022 passed by the learned Additional Sessions Judge, Link-Court, Mangrulpir, Washim, whereby the learned Judge rejected the application made by the appellants for anticipatory bail under Section 438 of the Code of Criminal Procedure (for short ‘Cr.P.C.).

3. The facts leading to the appeal may be stated in brief:

On the report of the respondent No.2-Ganesh Ambore (the informant), the crime bearing No. 229 of 2022 came to be registered against the appellants for the offences punishable under Section 323, 324, 504, 506, 34 of the Indian Penal Code and Section 3(1)(r), 3(1)(s), 3(2)(va) of the SC ST Act. The appellants and respondent No.2 are neighbours. On 28.04.2022, the incident in question occurred at about 12:15 p.m. On that day the work of construction of the house of the respondent No.2 was in progress. The appellants at that time started digging the holes for fixing the wooden poles for erecting a compound to