RAMCHANDRA DHONDU GHOLE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard Mr. Pankaj Kawale, learned counsel appearing for the appellant and Mrs. M. R. Tidke, learned APP appearing for the Respondent-State.

(2.) The appeal is filed under section 14A of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 challenging the order dated 11th October, 2021 passed by the learned Additional Session Judge Special Court (Atrocities Act), Thane in Criminal Bail Application No. 3329 of 2021. The said Criminal Bail Application was filed by the original accused Nos. 1 to 4 under section 438 of Cr. P. C. for anticipatory bail in C. R. No. I-486/2021 registered with Kalwa Police Station for offences under sections 354, 323, 504, 506 r/w. Section 34 of the Indian Penal Code and under sections (3)(1)(r)(2), 3(2)(V-A) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities Act), 1989. By the impugned order although Anticipatory Bail Application of accused Nos. 2 to 4 was allowed, the Anticipatory Bail Application of accused No.1 is rejected. The accused No. 1 is the appellant.

(3.) Mr. Kawale, learned counsel for the appellant submitted that although the incident has taken place on 6th December, 2020, the FIR has been lodged on 22nd December, 2020. The FIR itself shows that the same has been lodged after taking legal advise. He further submitted that in FIR it is not mentioned that the appellant is not a member of scheduled castes and scheduled tribes community or he is belonging to higher caste. He submitted that the contents of FIR show that the alleged offence has not taken place in public place and in public view. He relied on following judgments:-