Allowed

Baidabai Namdev Pilane and Anr. v. the State of Maharashtra

Bombay HC27 Apr 2017APEAL/307/2017

Case brief

AI extract

What is this about?

The High Court allowed the appeal against the rejection of an anticipatory bail application. The court observed that the alleged assault under the SC/ST Act and IPC occurred inside the complainant's house without public view, thus Section 18 of the SC/ST Act did not apply, and granted bail.

What did the court decide?

The appeal was allowed, and anticipatory bail was granted in the sum of Rs. 25,000/- each with one or two sureties and a P.R. Bond, subject to reporting to the police station.

Baidabai Namdev Pilane and Anr. Vs the… — Constitutional and Fundamental Rights | Bombay HC (2017)

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1. cri apeal 307-17.doc

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RMA

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION

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CRIMINAL APPEAL NO. 307 OF 2017

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Baidabai Namdeo Pilane

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Rajesh Namdeo Pilane

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.. Appellants

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Versus

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The State of Maharashtra .. Respondent

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Appearances
Mr. Kuldip Patil i/by
Mr. Prashant S. Hagare	Advocate for the Appellants
Mr. H.J. Dedhia	APP for the State

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CORAM : SMT. V.K. TAHILRAMANI &

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M.S. KARNIK, JJ.

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DATE : APRIL 27, 2017.

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ORAL JUDGMENT [PER SMT. V.K. TAHILRAMANI, J.] :

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Heard both sides.

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This appeal has been preferred by the appellants

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against the order dated 23.3.2017 passed by the learned

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Additional Sessions Judge-1, Baramati in Anticipatory Bail

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jfoanz vkacsjdj 1 of 4

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1. cri apeal 307-17.doc

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Application No. 122/2017. The appellants had sought anticipatory bail in FIR No. 161/2017 of Yavat Police Station. The said FIR is under Sections 3(1)(r) & (s) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 as well as under Sections 323, 504 and 506 r/w 34 of IPC. By the said order, the anticipatory bail application of both the appellants came to be rejected.

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The case of the complainant Tukaram is that the present appellants along with others abused him in relation to his caste and assaulted him and his wife. On perusal of the FIR, it is noticed that as far as appellant No. 1 Baidabai is concerned, no role is attributed to her of abusing the complainant or his wife in relation to their caste. The said role is attributed only to appellant No. 2 Rajesh. In relation to this, learned counsel for the appellants submitted that even as per the complainant, the act of appellant No. 2 of abusing the complainant in relation to his caste has taken place inside the house of the complainant. He further

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1. cri apeal 307-17.doc

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pointed out that there is no material to show that the incident took place within public view.

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On perusal of the FIR, prima facie, we find much merit

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in this submission, hence, Section 3(1)(r) and (s) of the SC & ST Act are not attracted. Hence, the bar under Section 18 of the said Act would not apply. Looking to the facts of this case and the fact that even as per the complainant, the injuries caused are simple in nature, we are inclined to grant anticipatory bail to the appellants. Hence, we proceed to pass the following order:-

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O R D E R

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i. In the event of arrest, each of the the appellants to be released on bail in the sum of Rs. 25000/- each [ Rs. Twenty Five Thousand each ] with one or two sureties to make up the said amount and P.R. Bond in like amount.

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ii. The appellants shall report to Yavat Police Station between 11.00 a.m. to 1.00 p.m. for a period of seven days from 4.5.2017 and

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1. cri apeal 307-17.doc

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thereafter the appellants shall attend the

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Police Station as and when required.

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The appeal is allowed in the above terms.

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[ M.S. KARNIK, J. ]

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[ SMT. V.K. TAHILRAMANI, J. ]

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4 of 4

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Baidabai Namdev Pilane and Anr. v. the State of Maharashtra

Case brief

What is this about?

What did the court decide?

Baidabai Namdev Pilane and Anr. v. the State of Maharashtra

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

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