PRAVIN 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. 45 of 2019 registered with Pundaliknagar Police Station, Aurangabad, under Sections 336, 323, 504 and 506 read with Section 34 of the Indian Penal Code (IPC) and under Sections 3(1)(x) 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.) The prosecution case in short compass is that on 28-01- 2019, complainant Abhijeet Pralhad Magare, resident of Nyay Nagar, Garkheda Parisar, Aurangabad rushed to the Police of Pundaliknagar Police Station, Aurangabad, District Aurangabad and filed the report that on 26-01-2019 at about 9.15 p.m. first informant visited the house of his friend Vinod Mote to give information about the credit card transaction, its EMI etc to him. According to prosecution, at about 11.00 p.m. when they both were sitting in the drawing room of the house of Vinod, that time, the accused Raj Neel barged into the house and hurled abuses to first informant in filthy language. He also assaulted the first informant by giving slaps. It has been alleged that at the relevant time the accused Raj Neel gave casteist abuses to the first informant. He had also attempted to assault him by knife. Thereafter, the brothers of assailant Raj i.e. appellants - Pravin and Vishal arrived at the house of Vinod and they also attacked the first informant, his mother, brother etc. They flung the stone and caused injury to the leg of mother of first informant.