MOHAN NANA SHINDE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This is an appeal under Sec. 14A of the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short "SC/ST (Prevention of Atrocities) Act") challenging the order dtd. 28/9/2022 passed by the learned Special Judge (under SC/ST [PoA] Act) and Additional Sessions Judge, Pune, rejecting the application for anticipatory bail.

(2.) The appellant is apprehending arrest in C.R. No.734 of 2022 registered with Wakad Police Station, Pimpari-Chinchwad, for offences punishable under Ss. 452, 354-A, 307, 323, 504 , 506, 141, 143, 147, 149 of Indian Penal Code (for short " IPC "), Ss. 37(1), 37(3), & 135 of Maharashtra Police Act, 1951, Ss. 4 & 25 of Arms Act, 1959 and Ss. 3(1)(r)(s)(w)(ii) of the SC/ST (Prevention of Atrocities) Act.

(3.) The First Information Report (for short 'FIR') was registered on 28/8/2022 in respect to the incident which had occurred on 26/7/2022 at about 10.00 p.m. The quarrel took place between son of complainant and appellant's family on the ground that the son of first informant was over-speeding his rickshaw in the vicinity. The accused No.1 Vishal Nana Shinde assaulted complainant's son by using wooden stick and the other accused including the appellant had assaulted by fist and kick blows. The complainant intervened to rescue her son and that time appellant pushed the informant and her relative. The husband of informant intervened to specify the quarrel. He was slapped by the appellant. The accused assaulted and abused the daughters of informant. The co-accused Vishal Dada Shinde assaulted informant by sickle which resulted in injury. She was taken to the hospital for treatment. The appellant had allegedly touched the daughters of first informant and their chest and committed offence of outraging modesty. The complainant and others were abused on the basis of their caste.