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VIBHA KANKANWADI, ABHAY S. WAGHWASE
Kishor Shivdas Shinde – Appellant
Versus
State of Maharashtra, Through it’s Police Inspector, Sarangkheda Police Station – Respondent
JUDGMENT :
VIBHA KANKANWADI, J.
1. Admit.
2. Present Appeal has been filed by the original accused under Section 14-A of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act (for short “the Atrocities Act”) to challenge the order dated 15th March 2023 by the learned Special Judge under the Atrocities Act / the Additional Sessions Judge, Shahada, District-Nandurbar thereby rejecting the bail application under Section 439 of the Code of Criminal Procedure, at Exhibit-27 in Sessions Case No.52 of 2020.
3. Heard Mr. Choudhari, learned Advocate appearing for the appellant, Mr. Phule, learned APP appearing for respondent No.1 and Ms. Manjushri Narwade, learned Advocate appearing for respondent No.2.
4. It has been vehemently submitted on behalf of the appellant that the appellant came to be arrested on 24th October 2020 and since then he is in jail. The charge-sheet is filed, therefore, his custody is not required for the purpose of investigation. Present respondent No.2 filed the First Information Report (for short “the FIR”) contending that his daughter, who was aged 15 years, taking education in 10th standard in 2020, went missing in the intervening night of 22nd Oc
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 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 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 consensual nature of a relationship and the requirement for evidence in cases involving allegations of atrocities under the Atrocities Act.
The consensual nature of a relationship and the need to protect the identity of the victim in cases under Section 376 of the Indian Penal Code.
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....
Anticipatory bail can be granted in offences under Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1985 where prima facie offence under Atrocities Act are not made out.
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