YASH @ GOTYA PANDURANG MANE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This appeal is filed under Section 14 (2) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to as "Special Act") seeking quashing and setting aside the order dated 30.05.2020 passed by the learned Special Court, Satara, below Exhibit-8 and 146 in Special Case No. 39 of 2019.

(2.) It is the case of the appellant that C.R. No. 157 of 2019 registered with Shahupuri Police Station, Satara, for offences punishable under Section 302, 504, 506 read with 34 of IPC and Section 3(2)(v), 3(2) (va) of the Special Act. The appellant was arrested on 15.05.2019. Thereafter, the police completed the investigation and filed the chargesheet and the case is numbered as Special Case No. 39 of 2019 before the learned Special Court, Satara. The appellant had filed an application for bail below Exhibit-8. The learned Special Court, Satara, vide order dated 30.05.2020 rejected the bail application of the appellant.

(3.) Learned counsel appearing for the appellant submits that the FIR has been lodged with malafide intention by the complainant and same is false and concocted. The offence under Section 3(1) is not made out in the FIR, as allegation in the FIR does not fulfill the ingredients of the said provision, and there is no name of the appellant in the FIR. It is submitted that the when the identification parade was conducted, the appellant was not identified by the eye witness.