cria274-21.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD

CRIMINAL APPEAL NO.274 OF 2021

1] Bansi Manohar Shinde

Age 58 years, Occu: Agrilcuture,

2] Rohidas Annasaheb Shinde,

Age 30 years, Occu :Agriculture,

[Vide order dated 01/06/2021 appeal

rejected against appellant Nos.1 and 2]

3] Suresh Dagadu Shinde

Age 35 years, Occu :Agriculture,

4] Pradip @ Balu Ramesh Shinde

Age 28 years, Occu :Agriculture,

5] Satish Namdeo Shinde

Age 35 years, Occu :Agriculture,

6] Balasaheb Namdeo Shinde

(Alleged Balasaheb Dnyandeo Shinde named in FIR)

Age 42 years, Occu :Agriculture,

7] Rajebhau Jijasaheb Shinde

Age 42 years, Occu :Agriculture,

8] Vikas Madan Ugale

Age 40 years, Occu :Agriculture,

9] Prakash Madan Ugale

[Alleged Balasaheb Madan Ugale named in FIR]

Age 30 years, Occu :Agriculture,

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cria274-21.odt

10] Vishnu Sarjerao Shinde

Age 32 years, Occu :Agriculture,

11] Vaibhav Bandu Shinde

Age 25 years, Occu :Agriculture,

12] Shankar Bhaskar Shinde

Age 22 years, Occu :Agriculture,

13] Balasaheb Baburao Taur

(Alleged Balasaheb Taur Tailor named in FIR)

Age 33 years, Occu :Agriculture,

14] Datta Amrut Shinde

Age 42 years, Occu :Agriculture,

15] Datta Bansidhar Shinde

Age 36 years, Occu :Agriculture,

16] Devidas Vitthal Shinde

Age 33 years, Occu :Agriculture,

17] Santosh Baburao Shinde

Age 35 years, Occu :Agriculture,

18] Anant Vishwanath Shinde

(Alleged Anand Vishwanath Shinde named in FIR)

Age 23 years, Occu :Agriculture,

19] Mokind Rambhau Shinde

Age 28 years, Occu :Agriculture,

All are R/o Shripat Dhamangaon,

Tq.Ghansawangi,Dist.Jalna.

.. APPELLANTS

[Orig.Accused nos.1 to 19 as shown

in FIR]

…..

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VERSUS

1] The State of Maharashtra

Through Police Station,

Ghansawangi, Jalna, Dist.Jalna.

2] Milind Dinkar Wahule

Age 30 years, Occu : Student,

R/o Shripat Dhamangaon,

Tq.Ghansawangi,Dist.Jalna.

.. Respondents

….

Adv.Mr. S.J.Salunke for appellants

A.P.P. Mr.R.B.Bagul for respondent no.1.

Adv. A.S.Wakode for Respondent no.2.

….

CORAM : MANGESH S. PATIL

DATE : 27/07/2021

ORAL JUDGMENT :

Heard.

2]

Admit. With the consent of both the sides, the matter is heard finally

at the stage of admission.

3]

This is an appeal under Section 14-A(2) of the Scheduled Castes and

Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred

as Atrocities Act) as amended in the year 2015 being aggrieved and

dissatisfied by rejection of application for anticipatory bail under Section

438 of the Cr.P.C. preferred by the appellants in connection with Crime

No.130/2021 registered with Ghansawangi Police Station, Dist.Jalna for the

offences punishable under Sections 120-B, 504, 506 of the I.P.C. and

Sections 3(1)(r), 3(1)(s), 3(1)(zc) of the Atrocities Act.

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4]

It is being alleged that appellant no.2 Rohidas desecrate the flag of the

Scheduled Caste community regarding which an offence was registered

against him being Crime No.109/2021 for the offences punishable under

Sections 295 and 427 of the I.P.C. and Sections 3(1)(r), 3(1)(s)and 3(1)(t)

of the Atrocities Act. Since after his release on bail in that crime and with a

view to mobilize the community so as to socially boycott the villagers from

Scheduled Castes and Scheduled Tribes community a meeting was arranged.

The appellant nos.1 and 2 hurled abuses in the meeting on caste lines and

appealed to the villagers present there to socially boycott the persons

belonging to the Mahar community. The informant who was incidentally

passing by could hear the deliberations that were taking place in the

meeting clandestinely and then informed it to Vidyasagar Dattabhau Wahule

who also belongs to Mahar community. It is then alleged that in order to

verify the fact of social boycott, he asked his son Abhijit and one Sangam to

fetch some grocery from the grocery shops of the village, however, shop

owners viz. one Sumanbai, Vitthal and Parmeshwar refused to sell

groundnuts under the pretext