MOHAN Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Admit.

(2.) Present appeal has been filed under Sec. 14-A(2) of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989 (hereinafter referred to as the "Atrocities Act") by the appellants, who have been dded as accused later on and now they have been posed as accused Nos. 2 to 5. Their application, i.e. Bail Application No. 1693 of 2022, under Sec. 438 of the Code of Criminal Procedure came to be rejected by learned Special Judge, under the Atrocities Act/Additional Sessions Judge, Ahmednagar on 15/10/2022 on the ground that it is barred under Sec. 18 of the Atrocities Act. The FIR vide Crime No. 859 of 2022 has been registered at the behest of present respondent No. 2 on 3/10/2022 with Tofkhana Police Station, Dist. Ahmednagar for the offences punishable under Ss. 302, 307, 504, 506, 498-A, 323 of Penal Code, 1860 and under Ss. 3(1)(r), 3(1)(s), 3(2)(va) of the Atrocities Act. It will not be out of place to mention here that when the FIR is lodged it was only under Ss. 307, 504, 506 of Penal Code, 1860.

(3.) Heard learned Advocate Mr. N.B. Narwade for the appellant, learned APP Mr. A.M. Phule for respondent No. 1 - State and learned Advocate Mr. R.N. Chavan for respondent No. 2.