AKSHAY ATMARAM RATHOD Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Considering the controversy involved in the matter, and by consent of the learned Counsel appearing for the respective parties, Criminal Appeal is taken up for final disposal at the stage of admission. Admit.

(2.) This is an appeal in terms of Sec. 14-A[2] of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to as "the Atrocities Act" for short), raising a challenge to the order dtd. 3/9/2022 passed by the Additional Sessions Judge, Yavatmal below Exh.3 in Special Case No.7/2022, rejecting regular bail.

(3.) The appellant - Akshay came to be arrested by the police of Yavatmal Police Station, District Yavatmal in connection with Crime No.543/2021 for the offence punishable under Ss. 109, 120-B, 302, 307 of the Indian Penal Code, Sec. 3[2][v] of the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to as "the Atrocities Act" for short), and Ss. 3/25 and 4/25 of the Arms Act. Later on the provisions of Sec. 3[1][ii], 3[2], 3[4] of the Maharashtra Control of Organized Crime Act, 1999 (hereinafter referred to as "the MCOCA" for short) have been invoked. The appellant had applied for regular bail, however, it was turned down by the Sessions Court vide impugned order. Since the provisions of the Atrocities Act have been invoked, this is an appeal under Sec. 14 A[2] of the Atrocities Act, in substance claiming release on bail.