RAM Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard. Admit. The matter is taken up for its finality on merit with the consent of both sides.

(2.) This appeal is directed against the impugned Order of rebuffing the relief of pre-arrest bail to the appellants in Crime No. 91 of 2019 registered with Shiradhon Police Station, Taluka Kallam, District Osmanabad, under Sections 141, 142, 143, 146, 147, 323, 504 and 506 read with Section 149 of the Indian Penal Code (IPC) and under Sections 3(2)(va), 3(1)(f), 3(1)(g), 3(1)(r) and 3(1)(s) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter, referred to as "Act of 1989", for the sake of brevity). The appellants-accused preferred the present appeal by invoking remedy under Section 14-A(2) of the Act of 1989.

(3.) Genesis of the appeal culled-out in brief is that on 29-06-2019, complainant - Jyotiram Mahadeo Khartmal, resident of Khamaswadi, Taluka Kallam, District Osmanabad, approached to the Police of Shiradhon Police Station, District Osmanabad, and filed the report that he is residing in Khamaswadi along with his father, uncle and brothers. He is having land Gut No.75 admeasuring 1 Hectare 60 Are located within the vicinity of Nagzarwadi, Taluka Kallam, District Osmanabad. It has been alleged that on 29-06-2019, at about 3.00 p.m., the appellants and other persons with vehicle - Tractor barged into his land Gut No. 75 and started activites of sowing the crops. At that time, the complainant made enquiry with them for what reason they are toiling the land. The appellants reprimanded the complainant and hurled casteist abuses to him and his father, uncle etc. with intention to insult and humiliate them on their caste within a public view. They have also given threats of life to the complainant etc.. There are allegations about assault causing hurt with the help of weapon sickle, Axe, etc., and intimidation to the complainant and others.