JAGDISH SAJJANKUMAR BANKA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Both these appeals are preferred by Appellants under Sec. 14-A of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short "SC/ST Act") challenging Order dtd. 19/11/2022 passed by learned Additional Sessions Judge, Thane/Special Court (Atrocities Act) in Criminal Anticipatory Bail Application No.4055 of 2022 rejecting application for pre-arrest bail in C.R. No.309 of 2022 registered with Bhayander Police Station on 22/6/2022 for offences under Sec. 427, 504 and 506 of Indian Penal Code (for short 'IPC') and Ss. 3(1)(r) and 3(1)(s) of SC/ST Act.

(2.) The complainant has alleged that, he belongs to Chambhar Community which is Scheduled Caste. He owns a shop dealing in sale and repairs of foot wear at Bhayander (West). Accused are conducting business as decorators and caterers from the shop situated near complainant's shop. On 21/6/2022, the complainant was present at his shop. His son-in-law Manoj Amarchand More and his three friends Pravin Hiraman Bare, Rupesh Ramesh Khetle and Dilip Shankar Giri came to his shop for installing Tarpaulin shade adjacent to his shop. While they were carrying on the said work Jagdish and his brother Satish came there. Satish told the complainant not to install bamboo at the said place. Jagdish shouted at complainant and abused him on his caste. He also removed the bamboo installed at the said place. The complainant informed the accused that he has been provided Police protection and case is pending in the Court. He should not be troubled. He questioned the accused for parking vehicles on the gutter causing obstruction to traffic. Jagdish threatened him and both of them left the place of incident. The complaint was lodged on 22/6/2022 at about 15:10 p.m.

(3.) The Assistant Commissioner of Police/Investigating Officer issued notice dtd. 23/6/2022 under Sec. 41(A)-1 of Code of Criminal Procedure to the Appellant in Criminal Appeal No.1258 of 2022 and notice dtd. 27/6/2022 to Appellant in Criminal Appeal No.1259 of 2022.