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U. J. PHALKE
Ajinkya – Appellant
Versus
State of Maharashtra – Respondent
JUDGMENT/ORDER
1. ADMIT. Heard finally with the consent of learned Counsel for the parties.
2. Present appeal is preferred by the appellant under Sec. 14A of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989 (hereinafter referred to as 'the Act of 1989' for short) against the order by which the anticipatory bail application of the appellant, is rejected by the Sessions Court.
3. Present appellant has filed an application for grant of anticipatory bail under Sec. 438 of Code of Criminal Procedure in connection with Crime No.459 of 2023 registered at police station Gadge Nagar, Amravati under Ss. 323, 504, 506(2) of the Indian Penal Code and under Ss. 3(1)(r) and 3(1)(s) of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989. The appellant is apprehending his arrest at the hands of the Police as crime is registered on the basis of report lodged by Manoj Rameshrao Ingle on an allegation that on 1/4/2023 at about 2.20 p.m., he reached at Irvin square, near Rajeshwari Vidyalaya near his house on Priyanka colony road. At about 4.15 p.m., when he was alone on the road one person came by covering his face by dupatta and snatched dupatta whic
The court established that the SC/ST Act's provisions require explicit references to caste-based insults or humiliation in public view for applicability, and the absence of such references allows for....
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....
Anticipatory bail can be granted despite statutory bars if allegations do not establish a prima facie case under the relevant act.
The judgment emphasizes the need to demonstrate intention to humiliate a member of the SC/ST community for the SC/ST Act to apply, and discusses the applicability of anticipatory bail under the Act.
The court established that the presence of allegations in the FIR that meet the criteria of the SC/ST (POA) Act invokes the statutory bar against anticipatory bail, emphasizing the need for courts to....
The main legal point established in the judgment is the interpretation of the provisions of the Scheduled Castes and Scheduled Tribes (Prevention of atrocities) act,1989, and the applicability of the....
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.
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