Bombay High Court
Anil Bhimrao Mote vs State Of Maharashtra Thr. P.S.O., P.S. ... on 16 January, 2019
Author: V.M. Deshpande
Bench: V. M. Deshpande
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
: NAGPUR BENCH : NAGPUR.
CRIMINAL APPEAL NO. 691 OF 2018
APPELLANT : Anil Bhimrao Mote,
Aged about 34 years, Occu. Business/Labour,
R/o Gopal Talkies, Washim,
Tah. & Dist. Washim.
VERSUS
RESPONDENTS : 1] State of Maharashtra,
through Police Station Officer,
Police Station, Washim,
Tah. and District Washim.
2] Sou. Aarti W/o Ravi Pandit,
Aged about 35 years, Occu. Household,
R/o Civil Lines, Washim - 444 505.
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Mr. S. K. Wankhede, Advocate for the appellant.
Mr. M. K. Pathan, A. P. P. for respondent/State
None for respondent no.2
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CORAM : V. M. DESHPANDE, J.
DATE : JANUARY 16, 2019.
ORAL ORDER
1. Heard Mr. S.K. Wankhede, the learned counsel for the appellant and Mr. M. K. Pathan, the learned Additional Public Prosecutor for the respondent/State. Though, respondent no.2/ ::: Uploaded on - 16/01/2019 ::: Downloaded on - 18/01/2019 06:01:37 ::: 2 APEAL691.18.odt original complainant is served, nobody is appearing on her behalf.
2. Respondent no.2 herein lodged a report with Police Station, Washim on 08.10.2018. The said was registered as First Information Report / Crime No. 398/2018 for the offences punishable under Sections 143, 147, 149, 452, 427, 504, 506 of the Indian Penal Code and under Section 3(1)(g) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. According to the first information report, On the date of the incident i.e. 08.10.2018, when the complainant and her husband were at their work place and their daughter Vaishali was present in the house, at 12.30 in the afternoon, the complainant received a call from her daughter on her cell phone by which it was intimated to the complainant that some persons including the ladies are throwing the household articles from their house. Therefore, she immediately went towards her house to notice that her household articles were being thrown by the persons who are named in the first information report. Most of them belong to Muslim community.
3. The appellant was apprehending his arrest in connection with the said crime. Therefore, he moved an application being Misc. ::: Uploaded on - 16/01/2019 ::: Downloaded on - 18/01/2019 06:01:37 :::
3 APEAL691.18.odt Criminal Application No. 362/2018 before the Court below, which was rejected on 23.10.2018. Hence, this appeal.
4. From the perusal of the first information report, it is clear that the name of the appellant was not disclosed while lodging the first information report. It is also clear even from the order passed by the Court below that the appellant himself belong to Scheduled Caste. Therefore, the provisions of the Atrocities Act are not applicable to him.. The learned Judge of the Court below has rejected the application for anticipatory bail only on the ground that recovery of some articles is yet to be made.
5. I have perused the supplementary statement of the complainant recorded by the police during the course of the investigation. Though, in the said, name of the appellant is disclosed, the allegations against the appellant are most general in nature.
6. In that view of the matter, the Court below ought to have considered the application for anticipatory bail filed on behalf of the appellant, favourably. Therefore, the Court below has ::: Uploaded on - 16/01/2019 ::: Downloaded on - 18/01/2019 06:01:37 ::: 4 APEAL691.18.odt committed an error by rejecting the application for anticipatory bail. That leads me to pass the following order :
ORDER
1. The criminal appeal is allowed.
2. The order dated 23.10.2018 passed by the learned Additional Sessions Judge, Washim in Misc.
Criminal Application NO. 362/2018 is hereby set aside.
3. Appellant - Anil Bhimrao Mote, in the event of his arrest iin connection with Crime No. 398/2018 for the offences punishable under Sections 143, 147, 149, 452, 427, 504, 506 of the Indian Penal Code and under Section 3(1)(g) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, be released on bail on he executing PR bond of Rs.50,000/- with two solvent sureties of the like amount.
4. The appellant shall attend Police Station, Washim as and when directed by the Investigating Officer by giving clear-cut advance written intimation of 48 hours.
5. The appellant shall not try to intimate the complainant.
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6. With this, the criminal appeal is allowed and disposed of.
V.M. Deshpande, J.
Diwale ::: Uploaded on - 16/01/2019 ::: Downloaded on - 18/01/2019 06:01:37 :::