LAXMAN POMU RATHOD Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) By this appeal preferred under Sec. 14-A of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act , 1989 (for short 'SCST Act') the Appellant seeks pre-arrest bail in connection with C.R. No. 0186 of 2022 registered with Vijapur Naka Police Station, Solapur for the alleged offences punishable under Ss. 304 , 330 and 166 read with Sec. 34 of the Indian Penal Code and under Sec. 3(2)(vii) of the SCST Act 1989.

(3.) Learned counsel for the appellant submits that similarly placed four accused have been granted pre-arrest bail by this Court vide orders dtd. 1/6/2023, 24/5/2023 and 26/5/2023 passed in Criminal Appeal Nos. 622 of 2023, 599 of 2023 and 611 of 2023, respectively. Learned counsel relied on the orders dtd. 1/6/2023, 24/5/2023 and 26/5/2023 in support of his submissions granting pre-arrest bail to the accused therein. He submitted that although the allegations pertain to the custodial death of the victim, the documents on record would show that the deceased was suffering from certain health issues and that he died after almost 11 days of the incident. He submitted that the post mortem report would reveal that the deceased had blockages in his arteries and that his kidneys were also found to be swollen.