RATNAKALA MARTANDRAO MOHITE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard. Admit. These matters are taken up for its finality on merit with the consent of both sides.

(2.) The points of controversy in all these appeals are primarily centered on the question of pre-arrest bail of the appellants by exercising powers under Section 438 of the Code of Criminal Procedure (for short "Cr.P.C."), therefore, all these allied appeals are dealt with together for its adjudication on merit, simultaneously, by this common Judgment.

(3.) The appellants preferred present appeals by resorting to remedy under section 14-A(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, and agitated the validity as well as propriety of the impugned order passed by learned Additional Sessions Judge/Special Judge, Aurangabad in Criminal Bail Application Nos. 461, 485 and 480 of 2019 respectively, rebuffing the relief of pre-arrest bail under Section 438 of the Cr.P.C. to the appellants, in connection with Crime No. 40 of 2019 registered with Vedant Nagar Police Station, Aurangabad for the offence punishable under Sections 506 and 509 read with Section 34 of the Indian Penal Code (for short "IPC") and section 3(1)(r)(s) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to as "Act of 1989" for the sake or brevity).