Allowed

Sarojani Shirshail Nandure and Anr. v. the State of Maharashtra

Bombay HC15 Jul 2014ABA/842/2014

Case brief

AI extract

What is this about?

The Court granted anticipatory bail to the applicants in a case involving assault and alleged caste-based abuse under the Scheduled Castes and Scheduled Tribes Act, prescribing conditions including furnishing a police bond and not engaging in criminal activities.

What did the court decide?

Pre-arrest bail granted to the applicants on conditions including furnishing a P.R. Bond of Rs.15,000/ each with sureties, abstaining from criminal activity, and cooperating with investigating agencie

Sarojani Shirshail Nandure and Anr. Vs the State of… — Caste Atrocities | Bombay HC (2014)

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Kataria

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION

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CRIMINAL ANTICIPATORY BAIL APPLICATION NO.842/2014

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Sou. Sarojani Shirshail Nandure & Anr. … Applicants vs. The State of Maharashtra … Respondent

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Mr. Viresh V. Purwant, Advocate for the applicants. Mr. Y.M. Nakhwa, APP for the State.

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CORAM : MRS. MRIDULA BHATKAR, J. DATE : 15^th July, 2014.

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P.C.

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This Application is moved for prearrest bail. Offence is registered at the instance of complainant Dayanand Bansode who has given First Information Report on 15/05/2014, in respect of the incident dated 14/05/2014 and pursuant to which the offence was registered at C.R.No.102/2014 for the offences punishable under section 147, 148, 323, 324, 397 and 504 of the Indian Penal Code and under Section 3(1), 3(10) of the Scheduled Castes & Scheduled Tribes

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Act, 1989.

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It is the case of the complainant that on 14/05/2014 when he and his cousin were proceeding on a motorcycle, complainant and co accused abused them by their caste and they assaulted the complainant and his cousin with fist and kick blows. Thereafter, they were admitted in the hospital. Hence this application.

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Learned counsel for the applicants/accused submitted that the applicant/accused No.1 has given the information to the Police on 14/05/2014 pursuant to which the offence was registered as C.R.No.101/2014 on 14/05/2014 and the offence was registered against the complainant and the associates. He further submitted that the applicants and the complainant are hostile against each other and criminal cases are pending against the complainant and the applicant. Learned counsel submitted that the applicants are innocent. They have not committed any offence especially the offence under the Scheduled Castes & Scheduled Tribes Act and therefore, there is no bar under section 18 of the Scheduled Castes & Scheduled Tribes Act while allowing this application.

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Learned Prosecutor opposed the application. He submitted that he relied on the Injury Certificate of Dayanand Mahadev Bansode. He also submitted that the utterances disclosed that the offence under Scheduled Castes & Scheduled Tribes Act has been committed by the applicants and therefore, no anticipatory bail be granted.

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Pursuant to the complaint and the crosscomplaint, it appears that on the same day i.e., on 14/05/2014 the incident of assault has taken place & the applicant No.1 has lodged complaint immediately.

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Subsequently, the complainant informed the Police on the next date. The record shows that there is no previous enemity between

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the parties and therefore, possibility of the false implication under the Scheduled Castes & Scheduled Tribes Act cannot be overruled. The Injury Certificate of the Dayanand Bansode discloses all simple injuries to Dayanand. Hence, prearrest bail is granted to the applicants / accused on following terms and conditions :

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(i) In the event of arrest, the applicants be released on bail on furnishing P.R. Bond of Rs.15,000/ each with one or two sureties in the like amount.

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(ii) The applicant shall not indulge into any kind of criminal activity especially for which they are prosecuted. (iii) The applicants shall attend the concerned police station as & when called and shall cooperate the Investigating agency.

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Application stands disposed of on above terms.

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(MRS. MRIDULA BHATKAR, J.)

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Sarojani Shirshail Nandure and Anr. v. the State of Maharashtra

Case brief

What is this about?

What did the court decide?

Sarojani Shirshail Nandure and Anr. v. the State of Maharashtra

Case brief

What is this about?

What did the court decide?

What the court decided

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