Sagar Subhash Wagh Vs the State of Maharashtra and Another

(1)

criapl317.22

IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD

912 CRIMINAL APPEAL NO.317 OF 2022

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SAGAR SUBHASH WAGH

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VERSUS

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THE STATE OF MAHARASHTRA AND ANOTHER

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Mr. Mohid S. Shah, Advocate h/f Mr. R. S. Devdhe, Advocate for
the appellant
Mr.B. G. Sagade Patil, Advocate for the respondent No.2
Mr. Y. G. Gujrathi, APP for the respondents/State

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CORAM:KISHORE C. SANT, J.
DATE:01st FEBRUARY, 2023

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P. C.

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1. Heard the learned advocate for the parties.

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2.This is an appeal seeking release of appellant on bail
in the event of his arrest in connection with Crime No. 56/2022
registered at Newasa Police Station, Dist. Ahmednagar dated 22-
01-2022 for the offences punishable under Sections
324,323,504,506 read with Section 34 of the Indian Penal Code
and Section 3(1)(r) and 3 (2)(va) of the Scheduled Castes and
Scheduled Tribes (Prevention of Atrocities) Act. In the said crime
the appellant is shown as accused No.1. The learned Additional
Sessions Judge, Newasa by order dated 04-04-2022 has rejected
the application for bail. The other two accused in the said crime

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(2) criapl317.22

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i.e. brother and father of the present appellant are already
released on regular bail. Now even the charge-sheet is filed on
28-07-2022. The learned advocate for the appellant submits that
looking at the FIR no offence is made out against the appellant
attracting the provision of Atrocities Act. The utterance in the
name of caste is alleged against father and brother i.e. accused
Nos. 2 and 3 of the present appellant. They were arrested and
are released on regular bail. Only allegations against this
appellant is that he has assaulted the informant by iron rod and
because of that the informant received fracture injury to his
elbow of his left hand. He submits that the alleged incident is
dated 20-12-2021 whereas the information is lodged on 22-01-
2022. Thus, there is delay of more than one month and there is
no sufficient explanation for the same. He submits that the
appellant is on interim protection since May, 2022. There is no
allegations of miss-use of liberty and prays that appeal be
allowed.

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3.Learned APP submits that there is record showing
that informant received fracture injury to his elbow. In the
complaint itself he has given reason for not filing the complaint
immediately. He submits that though the police has issued notice
to the appellant asking him to produce iron rod that was used
while assaulting, he has not produced the same. The appellant is
thus not co-operating in the investigation.

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2 of 4

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(3) criapl317.22

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4.Learned advocate for respondent No.2 submits that
after the incident of assault the informant was under pressure
and he was not in a proper mental condition to lodge the FIR
immediately. It is for this reason the delay caused. He submits
that though there are no allegations of uttering the name of
caste still he was very much present at the time of incident and
he was also involved in the offence. Hence, he prays for
rejection of the appeal.

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5.On going through the FIR it is seen that there are no
allegations that this appellant has abused the informant in the
name of his caste. The allegations are only against the brother
and father of the appellant. However, they were arrested and
were released on regular bail and this fact is not disputed. Now
even the charge-sheet is filed. Considering this, no purpose
would be served by taking the appellant in custody. Hence, the
following order:-

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ORDER

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a] The Criminal Appeal stands allowed.

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b]The appellant shall be released on bail in the
event of his arrest in connection with Crime No.
56/2022 registered at Newasa Police Station, Dist.
Ahmednagar dated 22-01-2022 for the offences
punishable under Sections 324,323,504,506 read

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3 of 4

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(4) criapl317.22

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with Section 34 of the Indian Penal Code and
Sections 3(1)(r) and 3 (2)(va) of the Scheduled
Castes and Scheduled Tribes (Prevention of
Atrocities) Act on executing PR bond of Rs.15,000/-
[Rupees Fifteen Thousand] with one solvent surety
on following conditions:

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i]The appellant shall attend the
police station as and when called by the
Investigating Officer.

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ii]The appellant shall not try to
contact any of the witnesses and shall not
tamper with the evidence.

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iii]The appellant shall not leave
jurisdiction of the police station without
informing the concerned police station.

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[KISHORE C. SANT, J.]

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VishalK/criapl317.22

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Sagar Subhash Wagh v. the State of Maharashtra and Another

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Sagar Subhash Wagh v. the State of Maharashtra and Another

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