HEMA SURESH AHUJA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This matter is placed before us to answer the reference made by a Single Judge Bench of this Court (Coram: Smt. Sadhana S. Jadhav, J.) in Criminal Appeal No.911/2019 vide the order dtd. 9/8/2019. Following are the issues referred for our decision:

(2.) Before proceeding further, it is necessary to refer to the brief history as to why this reference was made.

(3.) This reference arose out of Criminal Appeal No.911/2019. It was an appeal under Sec. 14-A of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act 1989 (hereinafter referred to as 'the Atrocities Act'). The Appellants in that Appeal were, in effect, asking for the relief of their release on bail in connection with C.R. No.157/2019 registered with Agripada police station, Mumbai on 23/5/2019 under Sec. 306 read with 34 of IPC, under Sec. 4 of the Maharashtra Prohibition of Ragging Act, under Sec. 3(1)(r),(s), (u), (za), (E) of the Atrocities Act and under Sec. 67 of the Information Technology Act. It is not necessary to refer to the facts and rival contentions on the merits of that Appeal. During the course of the hearing of that Appeal, an issue was raised by the original complainant that hearing of the Appeal should be video recorded in view of Sec. 15-A(10) of the Atrocities Act. For convenience, reference can be made to the said Sec. which reads thus :