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criapl150.21

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD

920 CRIMINAL APPEAL NO. 150 OF 2021

1.

Mujeeb Ahmed S/o. Ameeruddin Ansari

...APPELLANTS

Age-53 years, Occu-President,

(Ori. accused)

Municipal Council, Mudkhed,

R/o. Bazaar Mohalla, Mudkhed,

Tq. Mudkhed, Dist. Nanded

2.

Abdul Salam S/o. Abdul Sattar

Age-46 years, Occu-Service,

R/o. Madina Nagar, Mudkhed,

Tq. Mudkhed, Dist. Nanded

3.

Shaikh Moinuddin S/o. Shaikh Ismail,

Age-47 years, Occu- Driver,

R/o. Sainagar, MAFCO Road, Nanded

VERSUS

1.

The State of Maharashtra

...RESPONDENTS

2.

Bajrang S/o. Wamanrao Khodake

Age-47 yers, Occu-Labour,

R/o. Ashoka Nagar, Mudkhed,

Tq. Mudkhed, Dist. Nanded

Mr. R. N. Dhorde, senior counsel i/by Mr. V. R. Dhorde, Advocate for

the appellants

Mrs. Geeta L. Deshpande, APP for the respondent/State

Mr.H. V. Patil, Advocate h/f Mr. Amol A. Bhagat, Advocate for the

respondent No.2

CORAM :

SURENDRA P. TAVADE, J.

RESERVED ON :

10-08-2021

PRONOUNCED ON :

13-08-2021

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P. C.

.

The appellants have preferred this appeal against the

impugned order dated 05-03-2021 passed by the learned Additional

Sessions Judge, Nanded below Exh.1 in MCA Bail No. 121 of 2021.

The appellants are shown as accused in Crime No. 32 of 2021

registered with Mudkhed Police Station, Dist. Nanded for the

offences punishable under Sections 323, 504, 506 read with Section

34 of the Indian Penal Code and under Sections 3(1)(r), 3(1)(s) of

the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities)

Act (hereinafter referred to as the ‘Atrocities Act’ for the sake of

brevity).

2.

The appellants had submitted MCA Bail No. 121 of

2021for for pre-arrest bail in above mentioned crime. Said

application came to be rejected by the Additional Sessions Judge,

Nanded vide order dated 05-03-2021.

3.

Facts give rise in the present appeal can be summarized

as under:-

a]

Respondent No. 2 has filed FIR on 10-02-2021 with Mudkhed

Police Station, Dist. Nanded. It is alleged in the FIR that on 08-02-

2021 at about 4.00 to 4.30 pm the respondent No.2 had been to

Municipal Council, Mudkhed to meet the Chief Executive Officer. The

appellant No.1 is President of the Municipal Council, Mudkhed on

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seeing the respondent No. 2, the appellant No.1 accosted him and

asked why he came in the office of Municipal Council and nothing

will be done and respondent No.2 was asked to go away. It is

further alleged that the appellant No.1 held collar of respondent

No.2 and abused him over his caste by calling him ‘Dhed’.

Thereafter, appellant Nos. 2 and 3 arrived on the spot. Both of them

held respondent No.2. The appellant No.2 asked the appellant No.1

to shot him. The appellant No.1 pulledup his shirt and took out a

gun meanwhile Krishna Dehsmukh and Sumedh Khodke rushed to

the spot and rescued respondent No.2. Therefore, respondent No.2

went to the Mudkhed Police Station and lodged the FIR.

4.

In view of the contents of FIR, learned senior counsel

vehemently submitted that FIR is filed to counter the process

initiated by the appellant No.1 against contractors and officers of

Municipal Council. He submitted that after becoming a Chairman of

Municipal Council, the appellant No.1 had submitted a letter dated

29-06-2020 to the Chief Officer, wherein, he requested to carryout

enquiry of alleged fraud played by contractors and some officers of

Municipal Council. Similar application also submitted to the District

Collector. On the basis of said application of appellant No.1, the

District Collector had constituted three members committee to

enquire into the allegations. The District Collector received the

report of committee. On the basis of said report the District

Collector issued notices on 30-12-2020 to Chief Officer, Contractors,

Engineers and some Officers of Municipal Council. Documents to

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that effect a