SHRIKANT Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard learned Advocate Ms. Salunke for the appellants in Criminal Appeal No.764 of 2023 and learned Advocate Mr. Jadhav holding for learned Advocate Mr. More appearing in Criminal Appeal No.768 of 2023. The appellants are apprehending their arrest in connection with Crime No.336 of 2022 dtd. 11/11/2022 registered with City Police Station, Osmanabad for the offence punishable under Ss. 143, 147, 148, 149, 307, 324, 326, 323, 504, 506, 427 of the Indian Penal Code and Ss. 3(2)(v), 3(1)(r)(s) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act (for short "the Atrocities Act").

(2.) Learned APP objects for granting any interim relief and submits that the order passed by the learned trial Judge shows that there are criminal antecedents against the appellants and the involvement of the appellants can be seen from the charge- sheet. Even after filing of the charge-sheet, the appellants were absconding and there is absolutely no explanation for avoiding the arrest.

(3.) At this stage, we are required to consider as to whether prima facie case has been made out to attract the offences under the Atrocities Act and whether the circumstances are shown to protect the life and liberty of the appellants. The First Information Report (for short "the FIR") is filed by present respondent No.2 on 11/11/2022 in respect of the incident that had allegedly taken place around 9.30 p.m. on 10 th November 2022. The FIR does not mention the names of the appellants. It appears that their names came to be disclosed by the son of the informant for the first time on 7 th December 2022 when his statement under Sec. 161 of the Code of Criminal Procedure was recorded by the Investigating Officer - S.D.P.O., Osmanabad. Now it is also required to be considered whether there was justifiable ground for the Investigating Officer to record the statement of the witness belatedly. It appears from the medico legal certificate that said son had received three injuries which were simple in nature and one was grievous and the grievous injury was on the parietal region. There is no other document to show whether he was admitted to some hospital and if so when he was discharged. Another fact which is required to be noted here at this interim stage is that statements of informant as well as his son have been recorded under Sec. 161 of the Code of Criminal Procedure and in that statement the father i.e. informant - respondent No.2 has not given any role to the present appellants, whereas it is said by the son. The other co-accused were arrested and were released on bail and the charge-sheet is also filed on 13/1/2023. Under these circumstances, till the further papers are perused, the appellants are required to be protected.