DHANU Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Present appeal has been filed under Sec. 14A(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act (hereinafter referred to as the "Atrocities Act" for sake of brevity), to challenge the order of rejection of the pre-arest bail application passed by the learned Special Judge under the Atrocities Act i.e. Additional Sessions Judge, Shrigonda, Dist. Ahmednagar in Criminal (Bail) Misc. Application No. 352 of 2023 on 8/6/2023. The appellants are apprehending their arrest in connection with Crime No. 497 of 2023, registered with Shrigonda Police Station, District Ahmednagar for the offence punishable under Ss. 436, 437, 323, 504, 506 read with Ss. 3(1)(r), 3(1) (s), 3(2)(v), 3(2)(va) of the Atrocities Act.

(2.) Before we proceed, the impugned order suggests that the learned Special Judge considered that the said application under Sec. 438 of Cr.PC. filed by the present appellants was barred under Sec. 18 and 18A of the Atrocities Act and therefore that is the fact which has to be considered here.

(3.) Heard Mr. Karpe, learned advocate for the appellants. It is not necessary even to issue notice to the respondent No.3 - i.e. original informant as the appellants have pressed for the interim protection and even for granting interim protection the same criteria are required to be considered which are required to be considered at the time of final hearing.