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2023 Supreme(Bom) 858

ABHAY S. WAGHWASE, VIBHA KANKANWADI
Shaikh Sana Farheen Shahmir – Appellant
Versus
State Of Maharashtra – Respondent


Advocates appeared:
Mr. V.D. Sapkal, Senior Counsel I/B. Mr. Patel Khizer Advocate and Mr. Swapnil B. Joshi Advocate, for the Appellant; Mr. S.D. Ghayal, A.P.P., Mr. S.B. Deshpande Advocate, Mr. V.D. Sapkal, Senior Counsel I/B. Mr. Patel Khizer Advocate, for the Respondent.

JUDGMENT

Smt. Vibha Kankanwadi, J. - Admit.

2. The appellants in Criminal Appeal No.988 of 2022 are the original accused Nos.1 to 4 in Crime No.299 of 2022 registered with Kranti Chowk Police Station, District-Aurangabad, which is lodged at the behest of respondent No.2 - original informant. The appellants had filed application under Section 438 of the Code of Criminal Procedure, bearing Anticipatory Bail Application Nos.2353 of 2022 before the learned Special Judge under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act (for short 'Atrocities Act'), Aurangabad. The said application came to be rejected on 20th December 2022. Hence the appellants have filed Criminal Appeal No.988 of 2022 under Section 14-A(2) of the Atrocities Act.

3. In Criminal Appeal No.988 of 2022, heard Mr. V.D. Sapkal, learned Senior Counsel instructed by Mr. Patel Khizer Advocate for Appellants, Mr. S.D. Ghayal, learned APP for Respondent No.1 - State and Mr. S.B. Deshpande, learned Advocate for Respondent No.2. In Criminal Appeal No.20 of 2023 heard learned Advocate Mr. Swapnil B. Joshi for the Appellant and learned APP as well as learned Senior Counsel appearing for respective respondent

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