LAWS(BOM)-2023-9-215

IZHAR GYASODDIN SHEIKH Vs. STATE OF MAHARASHTRA

Decided On September 04, 2023
Izhar Gyasoddin Sheikh Appellant
V/S
STATE OF MAHARASHTRA Respondents

JUDGEMENT

(1.) Heard.

(2.) This is an appeal raising a challenge to the order of rejection of pre-arrest bail dtd. 30/8/2023 relating to Crime No. 807/2023 registered with Police Station Wani, Dist. Yavatmal for the offence punishable under Ss. 109, 143, 147, 148, 307, 326, 149, 506 of the Indian Penal Code and Ss. 3(2)(va), 3(2), 3(V) and 6 of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 ('SC and ST Act ').

(3.) Learned senior counsel appearing for the applicant would submit that no prima facie case is made out to attract the offence under the provisions of SC and ST Act . There are no allegations to say that the offence was committed only because the victim belongs to the member of Scheduled Caste and Scheduled Tribe. To substantiate said contention, reliance is placed on the decision of the Supreme Court in case of Khuman Singh Vs. State of Madhya Pradesh (Criminal Appeal No. 1283/2019, decided on 27/8/2019) in para 12 which reads as under:-