Bombay High Court
Fajle Rahim Abdul Latif Khan vs Deputy Superintendent Of Police And Anr on 10 April, 2019
Author: Sadhana S. Jadhav
Bench: Sadhana S. Jadhav
1 18.apeal238.19.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO. 238 OF 2019
WITH
CRIMINAL APPLICATION NO. 229 OF 2019
IN
CRIMINAL APPEAL NO. 238 OF 2019
Fajle Rahim Abdul Latif Khan. ..Appellant.
V/s.
Deputy Superintendent of Police & ors. ..Respondent.
Mr. Bhavesh Parmar I/b. Mr. Devmani J. Shukla, advocate for
appellant/applicant.
Mr. H.S. Venegaonkar, advocate for respondent No. 1.
Mr. Mandar Soman, advocate for original complainant.
Mr. S.R. Agarkar, APP for State.
CORAM : SMT. SADHANA S. JADHAV,J.
DATE : APRIL 10, 2019. P. C. : 1 Heard the learned Counsel for the appellant and the learned Counsel for the respondents. 2 This is an appeal under section 14A of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act. The complainant
herein had filed a complaint before the Judicial Magistrate First Class, Silvasa alleging therein that they have been deprived of their lands by Talwalkar ::: Uploaded on - 11/04/2019 ::: Downloaded on - 12/04/2019 01:56:28 ::: 2 18.apeal238.19.doc cheating. It was alleged that they are the owner of agricultural lands situated at village Samarvani. The appellant herein had agreed to purchase the said land and thereafter, had cheated them by taking advantage of the fact that they were ill-literate people. On the basis of the complaint filed by the complainant, an order was passed under section 156(3) of the Code of Criminal Procedure, 1973. Pursuant to the said direction, Crime No. 77 of 2013 for offence punishable under section 403, 405, 409, 415, 420, 422, 423, 476, 468, 471, 323, 504, 506 and 120-B of the Indian Penal Code and u/section 3(1), 4, 5, 10 and 15 of the Scheduled Castes and Scheduled Tribes(Prevention of Atrocities) Act, 1989. The appellant herein was granted bail by Sessions Judge, Silvasa vide order dated 22/10/2013.
3 The same complainant then lodged a report initiating criminal prosecution against the appellant on the basis of which Crime No. 3 of 2017 is registered at Silvasa Police Station for offence punishable under section 425, 420, 467, 468, 470, 471 read with section 34 of the Indian Penal Code and section 3(iv), 3(v) of the Prevention of Atrocities Act. 4 It is seen from the records that there are two civil suits pending between the parties, one is R.C.S. No. 12 of 2011 and another is R.C.S. No. 26 of 2015.
Talwalkar ::: Uploaded on - 11/04/2019 ::: Downloaded on - 12/04/2019 01:56:28 ::: 3 18.apeal238.19.doc 5 The learned Counsel for the appellant submits that in similar circumstances and for same cause of action, Crime No. 77 of 2013 was registered in which he has been granted bail by the Court. Learned Counsel Mr. Venegaonkar appearing for the respondent No. 1 submits that in fact by virtue of section 18A of the said Act an application seeking relief in the nature of anticipatory bail would not be maintainable. 6 The learned Counsel for the appellant seeks time to substantiate his contention that the appellant or any other accused cannot be deprived of his statutory right to approach court and seek relief in the nature of pre-arrest bail, in the eventuality that it amounts to abuse of process of law or would subject a person to social obloquy in unwarranted circumstances.
7 Both the parties seek time to substantiate their contentions. In the mean while, the appellant deserves interim relief, more particularly, since he has been granted bail in Crime No. 77 of 2013 and that the trial is in progress. The appellant needs to attend trial without fear and therefore, the appellant deserves interim relief. 8 In the mean while, by way of ad-interim relief, following order Talwalkar ::: Uploaded on - 11/04/2019 ::: Downloaded on - 12/04/2019 01:56:28 ::: 4 18.apeal238.19.doc is passed :
(i) In the event of arrest in Crime No. 3 of 2017 registered at Silvassa Police Station, the appellant be enlarged on bail on furnishing P.R. Bond in the sum of Rs. 50,000/- and one or more solvent sureties in the like amount.
(ii) The appellant shall report to the investigating officer on every Saturday between 10.30 a.m. to 1 p.m. and cooperate with the investigating agency to best of his capacity.
9 Stand over to 13th June, 2019.
[SMT. SADHANA S. JADHAV, J.] Talwalkar ::: Uploaded on - 11/04/2019 ::: Downloaded on - 12/04/2019 01:56:28 :::