SAYYAD NIHAL AHEMAD YAHIYA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Admit.

(2.) Present appeal has been filed under Sec. 14-A(2) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act , 1989 (for the sake of brevity hereinafter referred to as "the Atrocities Act") by original accused Nos.3 to 5 as per First Information Report, to challenge the rejection of their application under Sec. 438 of the Code of Criminal Procedure by learned Special Judge, under Atrocities Act/Additional Sessions Judge, Gangakhed, Dist. Parbhani on 11/7/2023 in Criminal Miscellaneous Application (Bail) No.115/2023. The said First Information Report has been lodged at the behest of present respondent No.2 vide Crime No.270/2023 with Gangakhed Police Station, Dist. Parbhani, for the offence punishable under Ss. 307, 324, 323, 143, 147, 148, 504, 506 read with Sec. 149 of the Indian Penal Code, 1860, under Sec. 3(1)(r), 3(1)(s), 3(2)(v) of the Atrocities Act, under Sec. 4 punishable under Sec. 25 of the Indian Arms Act, 1959 and under Sec. 135 of the Maharashtra Police Act, 1951.

(3.) Heard learned Senior Counsel Mr. R.S. Deshmukh instructed by learned Advocate Mr. D.R. Jethliya for the appellants, learned APP Mr. S.J. Salgare for respondent No.1 and learned Advocate Mr. K.P. Rathod for respondent No.2.