DILIP AMBO BHOIR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THIS is an application for anticipatory bail filed by the applicants praying this Court to release them in the event of their arrest in connection with C.R.No.I-23/97 registered by Ganeshpuri Police Station.

(2.) HEARD learned counsel for the applicants as well as learned Addl.Public Prosecutor for the State. Perused the records with the assistance of the learned counsel.

(3.) AS far as applicability of the said Special Act is concerned, it may be pointed out that as to who uttered the said words not evident from the First Information Report. In fact, out of the 21 accused, seven of them are Adivasis. The Act will apply only when the insulting words are uttered by the persons not belonging to the Scheduled Caste or Scheduled Tribes.That being so, this Court is of the opinion that provisions of the said Act would not apply. Secondly, so far as occurrence as such, is concerned, there is a delay of three days in lodging the First Information Report. This has not been explained by the prosecution, snatching of the gold chain is attributed to one Ambo Babu Bhoir who is not before this Court.