Rahul vs State of Maharashtra - 2023 Supreme(Bom) 2223

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(Bom) 2223

VINAY JOSHI, B. P. DESHPANDE
Rahul – Appellant
Versus
State of Maharashtra – Respondent

Advocates appeared:
A.B.Shende, Advocate, N.R.Bhowtik, Advocate, V.A.Thakre, Advocate

JUDGMENT/ORDER

VINAY JOSHI, J. - Admit. Heard finally with the consent of learned counsel appearing for the parties.

2. This is an appeal under Sec. 14-A the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short, "SCST Act") challenging the order of rejection of regular bail dtd. 16/8/2022 passed by Additional Sessions Judge in Criminal Misc. Application No.293/2022, arising out of Crime No.1235/2021.

3. The appellant - Rahul @ Andha Chaware was arrested in Crime No. 1235/2021 registered with Wardha Police Station for offences punishable under Ss. 302, 201, 120-B read with Sec. 34 of the Indian Penal Code read with Sec. 3(2)(v), 3(2) (va) of the SCST Act. The investigation is complete. The charge-sheet has been filed. The appellant has applied to the Trial Court for bail, however, the Trial Court has declined to exercise its discretion in releasing the appellant on bail during trial.

4. It is the appellant's contention that there is no material against the appellant to curtail his liberty. The allegations of actual assault are against two co-accused named in the FIR and statements of eye witnesses. The role assigned to the appellant is to the extent

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