PRAVIN ALIAS SHRIMANT BHUTEKAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) By the present application, the applicant has approached this Court for his release on anticipatory bail in the event of his arrest in connection with CR No.3001/10, registered in Ghansawangi Police Station, for the offence punishable u/ss.3(l)(x) of SC/ST (Prevention of Atrocities) Act. and u/ss.323 and 506 of IPC.

(2.) Heard learned counsel for applicant followed by the submissions of learned counsel appearing for the State. Also perused the complaint and papers of investigation till carried out.

(3.) Considering the submissions across the bar as well as the disclosure of the facts in the complaint, the alleged incident took place in the night of 04/01/2010, in the field of one Sheshrao Eknath Gandhake. Thus the fact is clear that the alleged incident is not occurred in the public place. Secondly, even though the incident occurred in the night of 04/01/2010, it is reported in the police station on 07/01/2010 i.e. after delay of 3 days for which there is appeared to be an explanation in the FIR itself that after the incident, on the next day, the complainant and others approached their senior leader at Aurangabad and thereafter the offence came to be registered in Ghansawangi Police Station. It requires to be looked into from the angle that in para no.2, there is statement that the wife of the present complainant is the Sarpanch of the said village and there is dispute about the administration in the working of the gram-panchayat, as according to the complainant, there is interference at the hands of the present applicant. Thus there is smell of political rivalry to this complaint which also causes certain delay in lodging the complaint. Whether this doubt is genuine or not, it will be considered at the time of trial, but at this juncture, one of the cause to explain the delay to lodge the complaint is the consultation with senior political leader of the area. Thus, there is some political touch to this complaint and if it is so, even though there is bar u/s.18 of the Atrocities Act., exception is made out to consider the application for anticipatory bail. A fit case to exercise the discretion u/s.438 of Cr.P.C.