ASIF Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Admit.

(2.) Present Appeal has been filed under Sec. 14A (2) of the Scheduled Castes and Scheduled Tribes Act (for short "the Atrocities Act") by original accused No.4 to challenge the order of rejection of his bail under Sec. 439 of the Code of Criminal Procedure in Criminal Bail Application No.234 of 2022 by learned Special Judge under the Atrocities Act / Additional Sessions Judge, Shrirampur, District-Ahmednagar on 13/10/2022.

(3.) Present respondent No.2 is the original informant who has filed First Information Report (for short "FIR") vide Crime No. 733 of 2022 with Shrirampur City Police Station, Shrirampur, District-Ahmednagar on 30/8/2022 alleging that the present appellant - original accused No.4 and other three accused persons have committed offence punishable under Ss. 376(2)(n), (l), 376(d) of the Indian Penal Code and Ss. 3(1)(w)(i)(ii) and 3(2)(V-A) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015. In the FIR, the informant has contended that she is the member of scheduled caste. However, it will not be out of place to mention here that when the charge-sheet has been filed, at that time it was found that informant is not the member of scheduled caste and therefore, the charge-sheet has been filed only for the offences under the Indian Penal Code and that too, the charge-sheet is presented before the learned Judicial Magistrate First Class, Shrirampur. The charge-sheet came to be filed on 10/11/2022 i.e. after the rejection of the bail application by the learned Special Judge.