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VIBHA KANKANWADI, ABHAY S. WAGHWASE
Amol – Appellant
Versus
State Of Maharashtra – Respondent
JUDGMENT
VIBHA KANKANWADI,J. - All these Appeals have been filed by the original accused Nos.1, 5 and 4 as arrayed in the First Information Report (for short "FIR"), under Sec. 14-A(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act (for short "Atrocities Act"), to challenge the order of rejecting their applications under Sec. 439 of the Code of Criminal Procedure by learned Special Judge/ Additional Sessions Judge No.3, Ahmednagar. Accused No.1 Amol Babasaheb Sonawne filed application Exhibit-18 in Special Case No.141 of 2022, which came to be rejected on 15/11/2022 by the learned Special Judge. Accused No.5 - Sanket Vitthal Somwanshi filed application Exhibit-3 in Special Case No.141 of 2022, which came to be rejected on 29/8/2022 and accused No.4 - Arun Narad Saha filed application Exhibit-13 in Special Case No.141 of 2022, which came to be rejected on 14/9/2022.
2. Heard learned Advocates appearing for the appellants in respective Appeals, learned APP appearing for the State and learned counsel appearing for respondent No.2, appointed through Legal Aid.
3. Learned Advocates appearing for the appellants have vehemently submitted that perusal of the FIR,
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....
The court established that victims of crimes under the Atrocities Act have a statutory right to be notified and heard in bail proceedings, reinforcing the importance of their participation in the cri....
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 established that under the S.C./S.T. (P.A.) Act, it is mandatory to provide notice to the informant/victim before hearing a bail application, ensuring their right to be heard in the proceed....
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.
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.
Section 18 bar on anticipatory bail under SC/ST Act applies only where prima facie offence of caste-based humiliation in public view established; absent specific allegations against family members, b....
The court established that the bar on bail under the Atrocities Act does not apply to applications made under Sec. 439 of the CrPC, and emphasized the importance of distinguishing between instigation....
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