Partly allowed

Sohan Chainmal Jain and Anr. v. State of Maharashtra and Anr.

Bombay HC21 Aug 2023APEAL/18/2023

Case brief

AI extract

What is this about?

In criminal appeal No.18 of 2023, the High Court of Bombay quashed interim protection from arrest following a settlement between the parties in connection with an FIR under the Scheduled Castes and Tribes (Prevention of Atrocities) Act, 1989. The appeal was disposed of by making the interim order absolute.

What did the court decide?

Appellate order dated 13/01/2023 making interim protection from arrest absolute; appeal disposed.

Sohan Chainmal Jain and Anr. Vs State of Maharashtra and Anr. — Bombay HC (2023) — LawSathi Research

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1/2 25 APEAL-18-23.odt

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION

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CRIMINAL APPEAL NO.18 OF 2023

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Sohan Chainmal Jain & Anr.

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.. Appellants

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Versus

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The State of Maharashtra & Anr. .. Respondents

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Mr.Rishikesh Mohite for the Appellants.

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Mr.S.R.Agarkar, A.P.P. for the State/Respondent.

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Mr.Shivchand Mishra with Mr.Dipesh Yadav i/b M/s.Narayanan & Narayanan for the Respondent No.2.

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Mr.Ashok L. Rajput, A.C.P., Panvel Division, Navi Mumbai, present.

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CORAM: BHARATI DANGRE, J. DATED : 21^st AUGUST, 2023

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P.C:-

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The Appellants were admitted to interim protection from arrest by order dated 13/01/2023 in connection with C.R. No.326 of 2022, registered with Kharghar Police Station, Navi Mumbai, which has invoked Section 420 read with Section 34 of IPC and under Sections 3(1)(r), 3(1)(s), 3(1)(p), 3(1)(q) and 3(2)(va) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989.

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The learned A.P.P. Mr.Agarkar states that the investigation of the subject C.R. is almost complete and the

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M.M.Salgaonkar

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2/2 25 APEAL-18-23.odt

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custodial interrogation of the Appellants is no more warranted.

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The learned counsel for the Respondent No.2/Complainant as well as the learned counsel for the Appellants collectively submit that the discord between the parties is settled and they are in the process of fling a petition, seeking quashing of the subject F.I.R., which may take some time. The learned counsel for the Appellants assures the counsel for Respondent No.2 that the terms of the oral settlement shall be reduced into writing and presented before the appropriate Court, which would be requested to quash the subject F.I.R. The parties are at liberty to take the appropriate steps, permissible in law.

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By making the order dated 13/01/2023 absolute, the Appeal stands disposed off.

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( SMT. BHARATI DANGRE, J.)

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M.M.Salgaonkar

Sohan Chainmal Jain and Anr. v. State of Maharashtra and Anr.

Case brief

What is this about?

What did the court decide?

Sohan Chainmal Jain and Anr. v. State of Maharashtra and Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

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Parties & counsel

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