Sunny Ramkisan Shinde vs the State of Maharashtra and Others — Bombay HC (2025) — LawSathi Research

Sunny Ramkisan Shinde vs the State of Maharashtra and Others — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Interim protection pending the next date (notice returnable on 13 August 2025): in the event of arrest of the appellant in connection with Crime No.0153/2025 dated 29 May 2025 (Beed Rural Police Station), he is to be released on bail on furnishing a PR Bond of Rs.25,000/- with one solvent surety/security in the like amount, subject to conditions of co-operating with the investigation and appearing before the Investigating Officer as called, not tampering with evidence or contacting the informant/witnesses, and furnishing/updating his contact number and residential address.

Issue for consideration

Whether, looking to the FIR as it is, there are specific allegations against the appellant and whether the ingredients of Sections 3(1)(s) and 3(1)(r) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 are prima facie attracted. +1 more

Court's answer

Prima facie, looking to the FIR as it is, there are no specific allegations against the present appellant.

Ratio / Principle

Prima facie, no ingredients of Sections 3(1)(s) and 3(1)(r) of the Atrocities Act are attracted; the allegation of assault is against other accused persons.

Key takeaways

Till the next date, in the event of arrest in connection with Crime No.0153/2025, the appellant is to be released on bail on a PR Bond of Rs.25,000/- with one solvent surety/security in the like amount, subject to conditions: co-operation with the investigation and appearance before the Investigating Officer as and when called; no tampering with evidence and no contact with the informant or witnesses; and furnishing of contact number and residential address, kept updated.ratio¶7(i)

Detailed headnote1 paragraphs

Criminal Appeal No. 508 of 2025 (High Court of Judicature at Bombay, Aurangabad Bench; Kishore C. Sant, J.; 16 July 2025) - Sunny Ramkisan Shinde v. The State of Maharashtra and Others. Interim order: notice issued to respondents, returnable on 13 August 2025; learned APP waived service for Respondent Nos. 1 and 2/State; notice to Respondent No. 3 to be served through the concerned Police Station/Investigating Officer. Reading the FIR as it stands, the Court found prima facie no specific allegations against the appellant - the allegation is that he, along with other accused, abused the informant in the name of caste 'in chorus', and the allegation of assault is against other accused; accordingly, the ingredients of Sections 3(1)(s) and 3(1)(r) of the Atrocities Act were held prima facie not attracted. Till the next date, in the event of arrest in connection with Crime No.0153/2025 dated 29 May 2025 (Beed Rural Police Station, Dist. Beed; Sections 118(2), 115(2), 352, 352(2), 352(3), 3(5) BNS 2023; Sections 3(1)(r), 3(1)(s), 3(2)(va) SC/ST (Prevention of Atrocities) Act, 1989), the appellant was directed to be released on bail on a PR Bond of Rs.25,000/- with one solvent surety/security in the like amount, subject to conditions of co-operating with the investigation and appearing before the IO as called, abstaining from tampering with evidence and from contacting the informant or witnesses, and furnishing/updating his contact number and residential address.

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Ethape

IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD

30 CRIMINAL APPEAL NO. 508 OF 2025

Sunny Ramkisan Shinde ...Appellant VERSUS The State Of Maharashtra And Others ...Respondents

Mr. Sudarshan J. Salunke, Advocate for Appellant. Mr. S. B. Jadhav, APP for Respondent-State.

CORAM : KISHORE C. SANT, J. DATE : 16^th JULY 2025

PC :-

Heard the learned Advocate for the Appellant.

Issue notice to the Respondents, returnable on 13^th August 2025.

Learned APP waives service of notice for Respondent Nos. 1 and 2/State.

Notice for Respondent No.3 be served through concerned Police Station/Investigating Officer.

Looking to the FIR as it is, prima facie, this Court finds that there are no specific allegations against the present appellant. The allegation

shows that the present appellant alongwith other accused persons abuse

Ethape ( 2 ) 30-APEAL-508-2025

the informant in the name of caste in chorus.

This Court prima facie finds that no ingredients are attracted of Sections 3(1)(s), 3(1)(r) of the Atrocities Act. The allegation of assault is against other accused.

Considering above, following order:

ORDER

(i) Till the next date, in the event of arrest of the appellant in connection with Crime No.0153/2025 dated 29^th May 2025, registered with Beed (Rural) Police Station, Dist. Beed, for the offences punishable under Sections 118(2), 115(2), 352, 352(2), 352(3), 3(5) of the Bharatiya Nyaya Sanhita, 2023, and Section 3(1)(r), 3(1)(s), 3(2)(va) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, he shall be released on bail on furnishing PR Bond in the sum of Rs.25,000/- with one solvent surety/security in the like amount.

(ii) The appellant shall co-operate with the

( 3 ) 30-APEAL-508-2025

Ethape

investigation and appear before the Investigating Officer

as and when called for by the Investigating Officer.

(iii) The appellant shall not tamper with the evidence or

shall not try to contact the informant or any of the witnesses.

(iv) The appellant shall furnish his contact number and residential address to the Investigating Officer and shall

keep them updated, in case there is any change.

[KISHORE C. SANT, J.]