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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
R.G.Avachat, J.
Shivaji Pralhad Aatole – Appellant
Versus
State of Maharashtra – Respondent
Criminal Appeal No. 18 of 2022
Decided On : 14-02-2022
S.J.Salunke, Advocate, R.B.Bagul, Advocate, V.B.Garud, Advocate
Misuse of position and lack of prima facie evidence can lead to the grant of pre-arrest bail under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.
Headnote:
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act - Anticipatory Bail - Ss. 323, 504, 506 of IPC, Ss. 3(1)(r), 3(1)(s) of the Act, Sec. 92 of the Right of Person with Disabilities Act, 2016
Fact of the Case:
The appellant, a retired Junior Engineer, was accused of manhandling and abusing a press reporter and District President of Republican Sena, Sec. for Disables, and making threats based on caste. The informant, the press reporter, had a history of making demands and complaints against government officials.
Finding of the Court:
The court found that the allegations in the F.I.R. might not be true and that the informant had been misusing his position to make unlawful demands and threats against government officials.
Issues: Misuse of position by the informant, validity of the allegations in the F.I.R., grant of pre-arrest bail under the Act.
Ratio Decidendi: The court concluded that the allegations in the F.I.R. might not be true, and the appellant was granted pre-arrest bail due to the misuse of position by the informant and lack of prima facie evidence.
Final Decision: The appeal was allowed, the impugned order was set aside, and the appellant was granted pre-arrest bail with certain conditions.
JUDGMENT
1. This is an appeal under Sec. 14-A of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 ('the Act'). The challenge herein is to order dtd. 1/1/2022 refusing to grant the appellant anticipatory bail in connection with Crime No.736 of 2021 registered with Ambad Police Station, Dist. Jalna for the offences punishable under Ss. 323, 504 and 506 of the Indian Penal Code, under Ss. 3(1)(r) and 3(1)(s) of the Act and under Sec. 92 of the Right of Person with Disabilities Act, 2016.
2. Heard. Perused the First Information Report ('F.I.R.') and related papers.
3. The F.I.R. has been lodged on 27/12/2021. It has been alleged therein that the informant is a Press Reporter. He is the District President of Republican Sena, Sec. for Disables (viax foHkkx), Jalna. The appellant herein has retired on superannuation from the post of Junior Engineer from the office of Sub-Divisional Water Conservation Office, Zilla Parishad, Jalna. On 12/8/2021, the informant had made some complaint against the appellant to his higher-ups. The Chief Executive Officer, Zilla Parishad, Jalna had, therefore, scheduled enquiry in that regard on 15/12/2021. It was about 02.00 p.m. The informant was on his way to the office for enquiry. The appellant allegedly intercepted him and questioned as to why did he make complaint against him to his higher-ups. The appellant allegedly manhandled him and abused over his caste as well. He also gave threats of making him disable in another leg, since the informant has already a disable leg.
4. Learned counsel for Respondent No.2 - informant would submit that in fact, there is no delay in lodging of the F.I.R. He brought to the notice of this Court a communication dtd. 15/12/2021 itself, which was received by the office of Police Superintendent, Jalna same day on which the alleged incident took place. The allegations in F.I.R. dtd. 27/12/2021 correspond with the allegations made in the said complaint. In this way it can very well be said that the informant had lodged the report of alleged incident within hours thereof. Learned counsel would further submit that since the allegations in the F.I.R. prima facie make out the offence under the Act, there is bar of Sec. 18 of the Act to grant pre-arrest bail.
5. No doubt, there can be no two views over what has been submitted by learned counsel in this regard. On appreciation of facts of the case, it however appears that the informant is misusing his position. He is a Press Reporter. He is also the District President of Republican Sena, Sec. for Disables (viax foHkkx), Jalna. In all the communications with the government officials he used his letter head. The appellant has retired on superannuation from the post of Junior Engineer from the office of SubDivisional Water Conservation Office, Zilla Parishad, Jalna. There are number of communications made by the informant to the higher officials of the appellant. In all such communications, he had asked for service record of the appellant. He also asked the higher-ups not to release pension and other retiral benefits of the appellant. When the appellant has been granted leave encashment, the informant has threatened the higher-ups that they will have to face consequences therefor.
6. It is not known as to why the informant had been after the appellant. Way back on 30/1/2021, the appellant had made a communication with the officer of Ambad Police Station informing that the informant has been making unlawful demand of money (extortion). He is also threatening to implicate him in offences under the Act.
7. From the record it does appear that the informant has been after other government officials as well. On 26/11/2021 the informant had applied under his letter head to the Sub-Divisional Officer, Zilla Parishad (Public Works Department) asking for all the details about the official work performed by Mr. S.A. Pathan, Assistant Engineer. It is not known as to why did he ask for such information and what rig
