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A. S. GADKARI, PRAKASH D. NAIK
Jagdish Sajjankumar Banka – Appellant
Versus
State of Maharashtra, at the instance of Bhayander Police Station – Respondent
JUDGMENT :
(Prakash D. Naik, J.)
1. Both these appeals are preferred by Appellants under Section 14-A of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short “SC/ST Act”) challenging Order dated 19th November, 2022 passed by learned Additional Sessions Judge, Thane/Special Court (Atrocities Act) in Criminal Anticipatory Bail Application No.4055 of 2022 rejecting application for pre-arrest bail in C.R. No.309 of 2022 registered with Bhayander Police Station on 22nd June, 2022 for offences under Section 427, 504 and 506 of Indian Penal Code (for short ‘IPC’) and Sections 3(1)(r) and 3(1)(s) of SC/ST Act.
2. The complainant has alleged that, he belongs to Chambhar Community which is Scheduled Caste. He owns a shop dealing in sale and repairs of foot wear at Bhayander (West). Accused are conducting business as decorators and caterers from the shop situated near complainant’s shop. On 21st June, 2022, the complainant was present at his shop. His son-in-law Manoj Amarchand More and his three friends Pravin Hiraman Bare, Rupesh Ramesh Khetle and Dilip Shankar Giri came to his shop for installing Tarpaulin shade adjacent to his shop. While they were c
The main legal point established in the judgment is that the authenticity and timing of allegations, specificity of the allegations, and presence of independent witnesses are crucial factors in deter....
Point of law : Even if the bare reading of the FIR/ complaint indicates that prima facie provisions of the Act are not found to be attracted, then harmonious construction of Section 438 of the Code o....
Pre-arrest bail – In relation to any case involving arrest of a person who is facing accusation about committing offence under SC/ST Act,1989, protection of Section 438, Cr.P.C. would not be availabl....
The court ruled that allegations of caste-based abuse must occur in public view to invoke the bar on anticipatory bail under the Atrocities Act, which was not established in this case.
A plea for anticipatory bail in respect of offence(s) under the Scheduled Castes and The Scheduled Tribes (Prevention of Atrocities) Act, 1989 is maintainable and can be granted if no prima facie cas....
While considering any application seeking pre-arrest bail, High Court has to balance two interests: i.e. that the power is not so used as to convert jurisdiction into that under Section 438 of Crimin....
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