VIJAYSING Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Admit.

(2.) Present appeal has been filed by the appellants under Sec. 14-A(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act , 1989 (hereinafter referred to as the "Atrocities Act") to challenge the order of rejection of their bail application under Sec. 438 of the Code of Criminal Procedure i.e. Bail Application No.158 of 2023 by learned Special Judge/Additional Sessions Judge on 19/5/2023. The present appellants stood prosecuted in Crime No.129 of 2023 registered at Shillegaon Police Station, Dist. Aurangabad for the offences punishable under Ss. 326 , 324 , 504 , 506 , 143 , 147 , 148 , 149 of Indian Penal Code and under Sec. 3(1)(r), 3(2)(va) of the Atrocities Act. It will not be out of place to mention here that when the matter was on board on 19/6/2023, after the disinclination is shown to grant any relief in favour of appellant Nos.1 to 3, learned Advocate for the appellants, on instructions, seeks withdrawal of the appeal as against them. Under such circumstance, the appeal stands disposed of as withdrawn as against appellant Nos.1 to 3. The appeal to proceed for the reliefs claimed by appellant No.4 only.

(3.) Heard Mr. Chaitanya C. Deshpande for the appellants, learned APP Mrs. V. S. Choudhari for respondent No.1 - State and learned Advocate Mr. S. S. Nade for respondent No.2.