Order

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CRIMINAL APPLICATION [APPA] NO. 8/2021.

Sau. Vandana Raju Rathod.

-VERSUS-

State of Maharashtra and another.

Office notes, Office Memoranda of

Coram, appearances, Court'

s orders Court’s or Judge’s Orders

or directions and Registrar’s orders.

Shri D.S. Khushalani, Advocate for the Applicant.

Shri S.D. Sirpurkar, A.P.P. for Respondent No.1.

CORAM : VINAY JOSHI, J.

DATE : JANUARY 06, 2021.

Heard.

2.

By this application, the applicant is

seeking condonation of delay of 9 days caused in

filing the appeal challenging the order of rejection

of prearrest bail.

3.

In view of the reasons stated in the

application, delay is condoned. Criminal

Application is allowed and disposed of. Office to

register the Appeal.

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0601appa8.21

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Criminal Appeal No. /2021.

Heard.

2.

The appellant is apprehending her

arrest in Crime No. 391/2020 registered with

respondent no.1 for the offence punishable under

Sections 323, 504, 506 of the Indian Penal Code

and Sections 3[1][r], [s] of the Scheduled

Caste/Scheduled Tribe (Prevention of Atrocities)

Act.

3.

It is submitted that no such incident

occured. However, to give counter blast to the

earlier report lodged by the appellant against the

informant on the same day, the existing complaint

has been filed.

4.

I have gone through the NC report

lodged by the appellant which was earlier in point

of time. The allegations in the complaint are of

abuse in the name of caste. There is no mention in

the gist of contents that occurence was witnessed

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3

by some other person.

5.

Having regard to these peculiar facts,

there is a question about applicabiity of the

provisions of the Atrocities Act. In view of that,

the appellant is entitled to interim protection.

Hence, the following order.

(i)

Issue notice to respondents, returanble

03.02.02021. Learned A.P.P. waives

notice for respondent no.1.

(ii)

In the event of arrest, the appellant –

Sau. Vandana Raju Rathod be released

on interim bail in connection with

Crime No. 391/2020 registered with

respondent no.1 for the offence

punishable under Sections 323, 504,

506 of the Indian Penal Code and

Sections 3[1][r], [s] of the Scheduled

Caste/Scheduled Tribe (Prevention of

Atrocities) Act, on her executing P.R.

bond in the sum of Rs.15000/- with one

surety in the like amount.

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(iii)

The appellant shall attend concerned

police station on every Sunday between

10.a.m. to 12 noon.

JUDGE

Rgd.