U. J. PHALKE
Prabhakar – Appellant
Versus
State of Maharashtra – Respondent
JUDGMENT/ORDER
1. Heard.
2. Admit.
3. The present appeal is preferred by the appellants against the order of rejection of their anticipatory bail application by the Additional Sessions Judge, Buldana in Anticipatory Bail Application No. 291/2020.
4. The appellants are apprehending their arrest in connection with Crime No. 323/2022 registered with Police Station Officer Deulgaon Raja, relating to the offences punishable under Ss. 143, 147, 148, 324, 323, 506 read with Sec. 149 of the Indian Penal Code and Ss. 3(1) (r)(s), 3(2)(v)(a) of the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short 'the Act of 1989').
5. The appellants are apprehending arrest at the hands of the Police as the crime is registered on the basis of a report lodged by the Bharat Sudhakar Khilare, on an allegation that on 20/08/2022, the present appellants found unlawful assembly and by holding weapons Axe, Sticks, Sickles and Stones in their hand, they assaulted him and his mother by entering into the agricultural field. Due to the assault, he sustained a head injury, his mother also sustained the injury and was admitted to the hospital at Jalna. It is further alleged that all the app
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 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....
The bar under S.18 of the Atrocities Act does not impose an absolute prohibition on granting anticipatory bail if no prima facie case is established.
The court established that anticipatory bail can be granted in cases under the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act if the allegations do not prima facie constitute an o....
Anticipatory bail may be granted under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act if no prima facie case is established from the allegations, particularly if they lack e....
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.
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