BAPUSAHEB Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Learned Counsel for parties waive service for respective respondents. With consent of learned Counsel for the parties, taken up for final disposal.

(2.) Present appeal has been filed by original accused under Section 14(A) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities)Act, 1989 (herein after referred to as the Atrocities Act) with Section 438 of Cr.P.C. in order to challenge the order of rejection of their bail petition No.78/2020 passed by learned Additional Sessions Judge, Aurangabad (Special Court) on 17.1.2020.

(3.) It has been submitted on behalf of the appellants that they are apprehending arrest at the hands of M.I.D.C., Waluj Police Station in respect of Crime No.12/2020 dated 07.01.2020, on the basis of the First Information Report lodged by the respondent No.2, for the offences punishable under Section 294, 452, 504, 506 read with Section 34 of the Indian Penal Code and under Section 3(1)(w)(i)(ii), 3(1)(r)(s) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act (hereinafter referred to as "The Atrocities Act"). It has been submitted that since 2011 the appellants, informant and two more persons were residing by making construction on plot, which is under the jurisdiction of Maharashtra Industrial Development Corporation. They were residing as family members and there were no dispute between them. An encroachment was made by the respondent No.2, and it was requested by the appellants that she should remove it, which was causing inconvenience to the appellants. When she did not, the appellants approached the concerned authority from M.I.D.C. by making a complaint application dated 22.07.2019, requesting for the removal of the encroachment.