Allowed

Lahu Nama @ Namdeo Kolekar v. the State of Maharashtra and Others

Bombay HC13 Jul 2023APEAL/149/2023

Case brief

AI extract

What is this about?

The High Court allowed a criminal appeal for anticipatory bail relying on an interim order. The court held that since the appellant's name was absent from the FIR and no prima facie offence was made out under the Atrocities Act, liberty was granted subject to appearing when called and deeming him in police custody for identification. (2/3)

What did the court decide?

Appeal allowed with liberty to remain out of custody on interim bail subject to conditions of appearing when called and deeming for identification.

Lahu Nama @ Namdeo Kolekar Vs the State of Maharashtra and… — Bail and Remand | Bombay HC (2023)

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IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD

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CRIMINAL APPEAL NO.149 OF 2023

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LAHU NAMA @ NAMDEO KOLEKAR
VERSUS

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THE STATE OF MAHARASHTRA AND OTHERS

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Advocate for Appellant : Mr. Rajendra K. Temkar
APP for Respondent – State : Mrs. G.L. Deshpande
Advocate for Respondent No.3 (appointed) : Mr. Ashutosh Kulkarni

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CORAM : R. M. JOSHI, J.
DATE : 13th JULY, 2023

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PER COURT :

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.Appellant is apprehending arrest in connection with
Crime No.727 of 2022 registered with Parner Police Station, Tal.

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Parner, Dist. Ahmednagar for the offences under Section 374, 324 of
Indian Penal Code and Section 3 and 14 of Child Labour (Prohibition
and Regulation) Act, 1986 and Section 16, 17 and 18 of the Bonded
Labour System (Abolition) Act, 1976 and Section 3 (1)(h) of the
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.

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2. Learned counsel for appellant states that name of

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appellant is not mentioned either in First Information Report or

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1/3

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statement of any witness recorded till date. Thus, according to him,
offence under the provisions of Atrocities Act does not attract against
appellant. As far as other offenes are concerned, they are bailable.

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3.Learned APP and learned counsel for informant opposed
the said contention by stating that there is a statement of a child
which refers to assault caused by present appellant by referring him
as ‘Dada’.

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4.Admittedly, name of appellant is not appearing in FIR.
Further, prima facie there is nothing on record to indicate that only
for the reason that children belongs to scheduled castes and
scheduled tribes were engaged in the work. Since prima facie no
offence is made out under the provisions of Scheduled Castes and
Scheduled Tribes (Prevention of Atrocities) Act, bar of Section 18
does not get attracted to this case. Since other offences are bailable,
liberty of appellant deserves to be protected. Hence, following order:

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ORDER

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(i)Appeal is allowed in terms of interim relief dated 22.02.2023
with following conditions:

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2/3

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(a)Appellant is directed to remain present before

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Investigating Officer as and when called.

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(b)For the purpose of identification parade required to be

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conducted by Investigating Officer, appellant shall be deemed to be in
the custody of police.

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GGP

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3/3

Lahu Nama @ Namdeo Kolekar v. the State of Maharashtra and Others

Case brief

What is this about?

What did the court decide?

Lahu Nama @ Namdeo Kolekar v. the State of Maharashtra and Others

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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