KEDARSINGH DHARMA PATIL Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard. Admit. The appeal is taken up for final hearing on merit with the consent of both parties.

(2.) Present appeal is directed against the impugned order of rebuffing the relief of pre-arrest bail of the appellants in Crime No. 120 of 2018 registered with Mehunbare Police Station, District Jalgaon under Sec. 3(1)(r)(s), 3(2)(va) and 3(1)(g) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter, referred to as "Act of 1989" for the sake or brevity) and under Sec. 143, 147, 294, 427 read with section 149 of the Indian Penal Code (for short "IPC"). The appellants preferred present appeal by invoking remedy under Sec. 14-A(2) of the Act of 1989.

(3.) The prosecution case in short compass is that, on 03-11-2018, the complainant Sakhubai Gopinath Sonwane visited the Police of Mehunbare Police Station and ventilated the grievance that she accompanied with son Prakash, daughter-inlaw Vithabai and grandsons, all were residing since long on Gaothan Land of village Umbarkhed by erecting shanty. There were huts of other members of Bhill community adjoining to her shanty. All were eking livelihood by doing labour work of harvesting sugarcane crop. It has been alleged that on 27-10- 2018 at about 10.00 a.m. when complainant Sakhubai Sonwane and her son Prakash and other members of her family were at home that time Sarpanch Kedarsingh Dharma Patil and Deputy Sarpanch Bablu Subhash Patil along with three persons arrived near the shanty of complainant. The appellant Kedarsing asked the complainant to vacate the huts, as they wanted to clean the premises for fair of God 'Bhairvnath'. There was altercation in between the appellants and complainant as well her son Prakash. In the fight, appellants hurled the castiest abuses by saying "[1]". The appellants also abused the complainant filthily by uttering words "[2]" (you "" and "[4]" go wherever you want to go). The appellants also caused destruction to the trees planted backside of the shanty of complainant by JCB machine. Appellants destroyed the hut of one Babu Pawar, erected nearby the shanty of complainant. There were no co-operation to the complainant from the Grampanchayat authority. After consultation with credible persons from the village, she approached to the Police and filed the complaint for penal action against the miscreants.