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VIBHA KANKANWADI, ABHAY S. WAGHWASE
Deepak Vijay Dolas – Appellant
Versus
State Of Maharashtra – Respondent
JUDGMENT
Vibha Kankanwadi, J. - Admit.
2. Present Appeal has been filed under Section 14-A(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to as 'the Atrocities Act'), challenging the order of rejection of bail of the appellant - original accused No.2 under Section 439 of the Code of Criminal Procedure by the learned Special Judge under the Atrocities Act, Kopargaon in Special Case No.28 of 2021 on 19th November 2021.
3. On the basis of the First Information Report (for short 'FIR') lodged by present respondent No.2 vide Crime No.100 of 2021 with Loni Police Station, District-Ahmednagar, offence under Sections 302, 120-B read with Section 34 of the Indian Penal Code and Section 3(2)(5) of the Atrocities Act has been registered against the present appellant and one Bhiva @ Vitthal Kailas Kawale, alleging that the accused persons have committed murder of his brother-in-law Arjun Pawar at about 7.30 p.m. on 16th March 2021.
4. Heard learned Advocate Mr. Jahagirdar Advocate appearing for applicant, learned APP Mrs. Diggikar appearing for respondent No.1 - State and learned Advocate Mr. Suaryawanshi appointed for respondent No.2.
5.
The main legal point established in the judgment is the consideration of circumstantial evidence and the necessity of physical custody in determining the grant of bail.
The main legal point established in the judgment is the importance of a thorough investigation, consideration of the accused's criminal antecedents, and the applicability of bail in heinous crimes.
There is no impossibility in the statement of relative witnesses and no contradiction with the statement of independent witness, therefore, prima facie case from statement against the complicity of t....
The main legal point established in the judgment is the consideration of circumstantial evidence, dying declaration, and the nature of injuries in deciding the validity of a bail application in a cas....
The main legal point established is the need for discretion in considering bail applications under the Atrocities Act and the requirement to segregate the acts of each accused before concluding their....
The court emphasized the importance of following the mandatory requirements under Sec. 15-A of the Atrocities Act, which safeguards the rights of victims of caste-based atrocities and witnesses, incl....
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