SUNIL CHANGDEO MAGAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard the learned Advocate for the appellant.

(2.) The learned APP representing respondent no.1 strongly objects for granting any interim relief and submits that this is the first date and she is yet to receive the police papers.

(3.) Perusal of the FIR lodged by respondent no.2 and the documents on record would show that the appellant himself appears to be the member of scheduled caste as he has produced on record a caste validity certificate issued to his father and also the caste certificate of himself issued by the Sub-Divisional Magistrate, Kalam on 07/09/2015. Under the said circumstances, though the offence under Scheduled Tribe (Prevention of Atrocities) Act , 1989 [hereinafter referred to as 'the Act' for short] are made applicable, they will not be applicable as against the present appellant and it is also so considered by the learned Special Judge under the Act before whom, the present appellant had filed Criminal Bail Application No.30/2023 for grant of pre-arrest bail.