RIJWAN Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Admit.

(2.) All the three appeals have been filed under Sec. 14-A(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to as the "Atrocities Act"). All the appellants are accused in Crime No.950 of 2022 registered with Kotwali Police Station, Dist. Ahmednagar for the offences punishable under Ss. 498-A, 323, 504, 376(2)(n), 377, 417, 328, 313, 506 read with Sec. 34 of Indian Penal Code, under Sec. 3(1)(r), 3(10(s), 3(2)(va) 3(1)(w)(i), 3(1)(w)(ii) of the Atrocities Act. The said offence came to be registered on the basis of first information report lodged by present respondent No.2 in all the appeals. The appellant in Criminal Appeal No.119 of 2023 had filed bail application under Sec. 439 of the Code of Criminal Procedure before the learned Special Judge, under the Atrocities Act/Additional Sessions Judge, Court No.3, Ahmednagar bearing Bail Petition No.1974 of 2022. It came to be rejected on 6/12/2022. The appellant in Criminal Appeal No.974 of 2022 had filed bail application under Sec. 438 of the Code of Criminal Procedure by filing Bail Petition No.1967 of 2022. It came to be rejected by the same Court on 6/12/2022, whereas the appellant in Criminal Appeal No.946 of 2022 had filed bail application under Sec. 438 of the Code of Criminal Procedure before the same Court vide Bail Petition No.1961 of 2022 and the same Court has rejected the bail application on the same date i.e. 6/12/2022. Hence, all these appeals.

(3.) Heard learned Advocate Mr. S. R. Andhale for the appellants in Criminal Appeal No.119 of 2023 and Criminal Appeal No.974 of 2022, learned Advocate Mr. Mazhar A. Jahagirdar for appellants in Criminal Appeal No.946 of 2022, learned APP Mrs. V. S. Choudhari for respondent - State and Investigating Officer in all the appeals. Notice was issued to the respondent - original informant. She was served, however, failed to cause appearance and, therefore, learned Advocate Mrs. Rani R. Tandale was appointed as amicus curiae in all the matters to represent the original informant - prosecutrix. She has also been heard.