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S.M.GAVHANE
Navnath – Appellant
Versus
State of Maharashtra – Respondent


Advocates:
Counsel for the Parties:
For the Appellants:Mr. Satish A. Gaikwad, Advocate
For the Respondent No.1: Mr. S.N. Morampalle, APP
For the Respondent No.2:Mr. R.V. Gore, Advocate

JUDGMENT

S.M. Gavhane, J.—Heard, appeal is admitted. Notice after admission is made returnable forthwith. Appeal is taken up for final hearing with the consent of both the sides.

2. The appellants who are respectively accused No.2,4 and 9 against whom and ten (10) others crime no. I186/2018 has been registered in Kannad Rural Police Station for the offences punishable under Sections 342 and 354B read with Section 34 of the Indian Penal Code (for short IPC), under Section 3(1),(2) and (3) of the Maharashtra Prevention and Eradication of Human Sacrifice and other inhuman, Evil and Aghori Practices and Black Magic Act, 2013 (hereinafter referred to as ‘Black Magic Act’) and under Section 3(i)(l)(w)(i)(ii), 3(2)(va) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to as the “Atrocities Act”) and whose application bearing No. 2194 of 2018 for anticipatory bail under Section 438 of the Code of Criminal Procedure was rejected by the District Judge-5 and Additional Sessions Judge, Aurangabad by order dated 24/12/2018 have assailed the said order by this appeal under Section 14A(2) of the Atrocities Act.

3. By order dated 08/01/2019 an

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