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REVATI MOHITE DERE, SHARMILA U. DESHMUKH
Shankar Baban Kale – Appellant
Versus
State of Maharashtra – Respondent
JUDGMENT/ORDER
1. Heard learned counsel for the appellant.
2. By this appeal preferred under Sec. 14A of the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act ('SCST Act'), the appellant seeks pre-arrest bail in connection with C.R. No. 300/2022 registered with the Baramati Police Station, Pune, for the alleged offences punishable under Ss. 376(d), 354(c), 328, 323, 504, 506 r/w 34 of the Indian Penal Code ('IPC') r/w Ss. 3(2), 3(2)(va), 3(1)(w)(i), 3(1)(w)(ii), 3(1)(r), 3(1)(s) of the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act and under Sec. 7(1)(d) of the Protection of Civil Rights Act.
3. Learned counsel for the appellant submits that the role of the appellant is similar to that of his wife Suvarna Kale and Mahesh Shinde, who have been granted pre-arrest bail by this Court vide order dtd. 17/11/2022 and 25/4/2023. She submits that the allegations as against the appellant only pertain to allegedly abusing the respondent No. 2 i.e. the castiest abuses. She submits that although it is alleged that the said abuses were hurled in a public place, the same were not in a public view, so as to warrant application of the provisions of the SCST Act.
The absence of independent witnesses and the nature of allegations can lead to the granting of pre-arrest bail under the SCST Act, despite serious charges.
Anticipatory bail under SC/ST Act can be granted when the allegations do not establish a prima facie case within public view.
The bar under Section 18 of the SC & ST (POA) Act does not apply to cases where the alleged abuse in the name of caste takes place within a private place and is not in public view.
The bar under Section 18A of the SC/ST Act does not apply if the complaint fails to establish a prima facie case, allowing for anticipatory bail.
The SC/ST Act bars anticipatory bail when prima facie offences are established, emphasizing the protection of individuals from caste-based discrimination.
The court ruled that awareness of the informant's caste is essential for the applicability of the Scheduled Caste & Scheduled Tribe (Prevention of Atrocities) Act, affecting the grant of pre-arrest b....
The main legal point established in the judgment is that the application for anticipatory bail under the SC ST Act can be entertained if the allegations in the FIR do not prima facie make out the bas....
The burden on the prosecution to establish that the accused does not belong to Scheduled Caste and Scheduled Tribe does not necessarily require the mention of the accused's caste in the FIR. The inte....
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