Partly allowed

Narhari Vishwanth Sodge and Ors. v. the State of Maharashtra and Anr.

Bombay HC16 Sept 2014APPLN/2580/2014

Case brief

AI extract

What is this about?

High Court at Aurangabad considered an application for anticipatory bail regarding an assault incident involving caste-based abuse and an injury. The court allowed bail for two applicants while rejecting the plea of a third applicant who allegedly caused the injury.

What did the court decide?

Anticipatory bail granted to Applicants 1 and 2; interim relief confirmed for them. Application of Applicant 3 rejected and interim relief vacated.

Narhari Vishwanth Sodge and Ors. Vs the State of Maharashtra… — Caste Atrocities | Bombay HC (2014)

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1 Cr Application 2580/2014

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD

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Criminal Application No.2580 of 2014

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Narhari S/o Vishwanath Sodgir And Others. .. Applicants. Versus The State of Maharashtra And Another. .. Respondents.

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Shri. M.P. Kale, Advocate, for applicants.

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Smt. B.B. Gunjal, Additional Public Prosecutor, for respondent No.1.

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CORAM: T.V. NALAWADE, J.

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DATE : 16th SEPTEMBER, 2014 ORDER:

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The application is filed for the relief of anticipatory bail. Both the sides are heard. This Court has perused the papers of investigation.

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Crime is registered on the basis of report given by one Rajebhau Salve. In his village there is rationing shop of applicant No.1 Narhari. It appears that the licence of rationing shop of the applicant No.1 is suspended due

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2 Cr Application 2580/2014

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the complaints made by the villagers. The work of distribution of rationing is given to other shop. Allegations are made that, as the complainant had collected rationing from other shop the applicants became angry. Applicant Nos.2 and 3 are sons of applicant No.1. Allegations are made that on 30-4-2014 at 6.00 p.m. when the complainant was sitting in front of his house all the applicants came there. They gave abuses by taking name of the caste. Applicant No.3 Govind hit a stone on the forehead of the complainant. Report came to be given on 30-4-2014 and crime is registered for offences punishable under sections 324, 506, 34 of the Indian Penal Code and under section 3(1)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.

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Papers of investigation contain injury certificate in respect of the complainant. There is other record like statements of eye witnesses. The incident took place after evening time. In view of nature of allegations and as simple injury is caused to the complainant this Court holds that protection can be given to applicant Nos.1 and 2.

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3 Cr Application 2580/2014

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In the result, application of applicant Nos.1 and 2 is allowed. Interim relief granted in their favour is confirmed. However, the application of applicant No.3 is rejected. Interim relief granted in his favour is vacated.

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Sd/- (T.V. NALAWADE, J.)

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rsl

Narhari Vishwanth Sodge and Ors. v. the State of Maharashtra and Anr.

Case brief

What is this about?

What did the court decide?

Narhari Vishwanth Sodge and Ors. v. the State of Maharashtra and Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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