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BENCH AT NAGPUR
VINAY JOSHI, J
Sudhir s/o Narayanrao Shende – Appellant
Versus
The State of Maharashtra – Respondent
| Table of Content |
|---|
| 1. overview of the harassment allegations by the informant. (Para 4 , 5) |
| 2. ruling on pre-arrest bail. (Para 6) |
| 3. arguments presented challenging the legality of the fir under atrocities act. (Para 7 , 8) |
| 4. discussion on the right to appeal and judicial discretion. (Para 9 , 10) |
| 5. legal precedent regarding requirements under the atrocities act. (Para 11 , 12) |
| 6. final ruling and considerations for granting bail. (Para 13 , 14) |
Admit. By consent of learned Counsel present for the parties, the appeal is taken up for final hearing.
2. Appellants are apprehending their arrest in Crime No.128/2019 registered with respondent no.1 Chandur Railway Police Station, Amravati Rural for the offence punishable under Sections Sections 3[1][r] and 3[1][s] of the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to as “the Atrocities Act” for short). Their application for grant of pre-arrest bail came to be rejected by the Additional Sessions Judge, Amravati by order dated 29.06.2019 in Misc. Criminal Application No.677/2019, and therefore, this Appeal.
3. Initially on preliminary submission, this Court vide order dated 09.07.2019 has granted
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