LAWS(BOM)-2023-1-218

DHONDU HAKAM Vs. STATE OF MAHARASHTRA

Decided On January 05, 2023
Dhondu Hakam Appellant
V/S
STATE OF MAHARASHTRA Respondents

JUDGEMENT

(1.) Heard.

(2.) This appeal under Sec. 14-A of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short, "the said Act") raises the challenge to the order dtd. 14/09/2022 by which the Trial Court has declined to grant pre-arrest bail to the applicant for the offences punishable under Ss. 143, 147, 148, 307, 341, 323 r/w 149 of the Indian Penal Code.

(3.) At the instance of the report lodged by the father of the injured, a crime has been registered on 19/08/2022. It is the Informant's case that the applicant and his sons are resident of same village. The Informant belongs to the member of Scheduled Tribe. On 27/07/2022 in the afternoon at around 2.00 pm to 3.00 p.m., Informant's son namely; Santosh Nivrutti Chibade had gone to Titvi Tanda for purchasing the meat. At that time, the applicant and his sons have accosted the Informant's son and started to assault at the instance of filing police report. The Informant stated that all the co-accused have assaulted Santosh by way of dangerous weapon while the applicant had instigated the rest. Particularly, it is stated that the Informant while instigating the co- accused has uttered the words pertaining to the caste of the Informant, which is reproduced hereinbelow :- [xxxxxxxxxxxx].