DYANOBA VITTHAL JAGTAP Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This is an appeal under section 14A of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities), Act, 1989 (for short 'Atrocity Act') against an order dated 4th January, 2020 passed by the learned Additional Sessions Judge, Baramati, District-Pune in Criminal Bail Application No.1277 of 2019 by which a prayer under section 438 of the Code of Criminal Procedure (for short 'Cr. P.C') had been refused.

(2.) In a nutshell, there was a dispute between the first informant- respondent No.2-Sanjay Bhausaheb Netke (for short 'Sanjay') and the appellants. Un-disputedly, they hail from the same village and that Sanjay belongs to the scheduled caste community whereas the appellants do not belong to either scheduled caste or scheduled tribe community. Both are Agriculturists. Approximately, three months prior to the date of the incident, Sanjay's brother-in-law-Sudam Vasant Lonare had purchased an agricultural land from one Nandu Baban Kunjir. The said Nandu handed over physical possession of the agricultural field to the brother-in-law of Sanjay.

(3.) On 15th December, 2019 around 10.30 a.m, when Sanjay with his wife Suvarna was working in the field having wheat crop, the appellants along with their other relatives came over there and started abusing Sanjay and his relatives by saying;