JAYSHREE 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.) The appellant preferred the present appeal against the impugned Order of rebuffing the relief of pre-arrest bail of the appellant in Crime No. 186 of 2019 registered with Kadim Jalna Police Station, District Jalna, under Sections 325, 323, 504 and 506 read with Section 34 of the Indian Penal Code (IPC) and under Sections 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 of brevity). The appellants-accused preferred the present appeal by invoking remedy under Section 14-A(2) of the Act of 1989.

(3.) According to prosecution, on 12-05-2019, the complainant - Arvind Pandurang Wankhede, resident of Sanjaynagar, Old Jalna approached to the Police of Kadim Jalna Police Station, District Jalna, and ventilated the grievance that on 11-05-2019 at about 10.30 p.m. after attending the programme of marriage anniversary of one Mr. Amol Devkar, the complainant and his wife started proceeding towards their house. When they were passing from the house of Vishal Jaiswal, that time the dog of Vishal started barking. It has been alleged that when he tried to make the dog keep quiet, that time accused Sachin Jaiswal reprimanded the complainant and uttered the words of such a nature to humiliate and insult him on his caste. He hurled casteist abuses to the complainant within a public view. The accused Sachin Jaiswal also assaulted the complainant by means of iron rod and caused grievous injury to his head. The accused Vishal Jaiswal came there and assaulted the complainant with fists and kicks and gave threats of life. The present appellant indulged in abusing the complainant and exhorted the accused Vishal and Sachin Jaiswal to attack him.