Bombay High Court
Sharad Sampatrao Girde vs State Of Maharashtra Thr Pso, Ps Chimur on 12 December, 2025
1 41 apeal no.603.25.odt..odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR.
CRIMINAL APPEAL NO. 603 OF 2025
Sharad s/o Sampatrao Girde .Vs. State of Maharashtra, thr. PSO, PS Chimur and another
_______________________________________________________________________
Office Notes, Office Memoranda of Coram,
appearances, Court's orders of directions Court's or Judge's orders.
and Registrar's Orders.
Mr A.V. Khare, Advocate for the appellant.
Mr S.S. Hulke, APP for the State
CORAM : MRS VRUSHALI V. JOSHI, J.
DATE : 12/12/2025 The appellant has filed this appeal under Section 14A(2) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989.
2. Heard.
3. Issue notice to the respondents, returnable after Vacation.
4. Learned APP waives service of notice on behalf of respondent No.1/State.
5. Learned APP shall file reply within one week.
6. In-charge of the concerned Police Station to serve respondent No.2, before the returnable date.
7. The appellant is apprehending his arrest in Crime No.397/2025 registered with Police Station Chimur District Chandrapur for the offences punishable under Sections 3(1) 2 41 apeal no.603.25.odt..odt
(b), 3(1)(q) and 3(1)(z) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short, 'SC/ST Act').
8. The alleged dispute arose on 01.05.2025 regarding flow and disposal of household waste water and so called "sump" or "sullage" water. The appellant and his family are residing at the location since 2005 and alignment and outflow of household waste water from his house was remained the same through out. The respondent No.2 has started construction of his house adjacent to the house of the appellant and he asked him to stop that waste water which was flowing in front of his house. It is alleged that at that time the appellant asked him about his caste and when he told that he is from "Chambhar" caste he asked him not to construct said house there and therefore, he has lodged the complaint.
9. Learned counsel for the appellant has stated that the alleged incident took place on 01.05.2025 and after delay of six months on 12.11.2025 the complaint was lodged. There are no such allegations. The offences which are registered against this applicant under the SC/ST Act will not be attracted as the appellant is staying there since 2005 and he has not uttered any word insulting his caste. The appellant tried to solve problem by giving complaint to Nagar Parishad of Chimur. The persons from Nagar Parishad came there but wife of respondent No.2 restrained them 3 41 apeal no.603.25.odt..odt from digging there and thereafter the complaint was lodged.
10. Considering the allegations against this appellant and as from FIR itself it appears that the offences will not be attracted as the appellant was not knowing the caste of the respondent No.2 and only because it is the allegations that he asked him not to stay there the offence cannot be attracted. Hence the appellant is protected by granting ad-interim anticipatory bail.
11. Hence, following order:
i] It is directed that in the event of arrest of the appellant - Sharad s/o Sampatrao Girde, in connection with Crime No.397/2025, registered with Police Station Chimur District Chandrapur for the offences punishable under Sections 3(1)(b), 3(1)(q) and 3(1)(z) of the SC/ST Act, 1989, the appellant shall be released on bail on furnishing P.R. Bond in the sum of Rupees Twenty Five Thousand with one surety in the like amount.
ii] The appellant shall not in any way tamper with the prosecution evidence.
iii] The appellant shall not pressurize or threaten the prosecution witnesses.
iv] The appellant shall attend the concerned police station on every Monday and Saturday between 7:00 p.m. and 9:00 p.m. 4 41 apeal no.603.25.odt..odt v] The appellant shall co-operate the investigating officer.
The protection shall remain in force till next date.
(MRS. VRUSHALI V. JOSHI, J.) MANISHA Signed by: Mrs. Manisha Shewale Designation: PA To Honourable Judge Date: 12/12/2025 18:23:03