SOPAN SANJAY LILHARE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This Criminal Appeal under Sec. 14-A of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act,1989 (for short, 'SC & ST Act') is against the order dtd. 12/03/2025 passed below Exh. 140 by the learned Additional Sessions Judge, Yavatmal in Sessions Case No. 96/2023, rejecting the regular bail application of the Appellant, who is charge-sheeted for the offences punishable under Ss. 302, 120(B), 201, 34 of the Indian Penal Code (for short, 'I.P.C.'), Sec. 3 r/w. Sec. 25 of the Indian Arms Act and Ss. 3(2)(Va), 3(2)(V) of the SC & ST Act and Sec. 39 of the Maharashtra Money Lending Act.

(2.) The case of the prosecution as seen from the final report is that, out of the money lending transactions between the mother of deceased Akshay Kaithwas and the co-accused Laxmi @ Hasina Lilhare, the accused persons committed the murder of informant's son on 10/06/2023.

(3.) It submitted by the learned Senior Advocate for the Appellant that, though the statements of the witnesses were recorded during the course of investigation, their statements do not show that, they are actually the witnesses to the incident. Secondly, the grounds of arrest were not communicated to the Appellant. Thirdly, there is delay in the trial, as for about 103 times, the Appellant was not produced before the Court, and on 24 dates, the learned Trial Court was not available, and till date, the charge is not framed. He urged that, the Appeal be allowed.