Bombay High Court
Vidya Shrirang Mavale vs State Of Amh., Thr. Pso Ps Hiwarkhed Tq ... on 2 January, 2020
Author: V. M. Deshpande
Bench: V. M. Deshpande
1 apeal544.19.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH AT NAGPUR
CRIMINAL APPEAL NO.544 OF 2019
Vidya Shrirang Mavale,
Aged about 48 years, Occ. Government
Servant (Talathi),
R/o Hiwarkhed, Tah. Telhara,
Dist. Akola. .....APPELLANT
...V E R S U S...
1. The State of Maharashtra through
Police Station Officer, P.S. Hiwarkhed,
Tq. Telhara, Dist. Akola. ...RESPONDENT
2. Chandrashekhar Prakashrao Ilarkar,
Aged about 28 years, Occ. Chicken Centre,
R/o Chandika Chowk, Hiwarkhed,
Tah. Telhara, Dist. Akola.
-------------------------------------------------------------------------------------------
Mrs. D. I. Charlewar, Advocate for appellant.
Mr. V.A. Thakare, A.P.P. for respondent no.1- State.
Mr. A.B. Mirza, Advocate for respondent no.2.
-------------------------------------------------------------------------------------------
CORAM:- V. M. DESHPANDE, J.
DATED :- 02.01.2020
ORAL JUDGMENT
1. Heard Mrs. Charlewar, learned counsel for appellant, Mr. Thakare, learned Additional Public Prosecutor for respondent no.1-State and Mr. Mirza, learned counsel for respondent no.2.
Admit.
::: Uploaded on - 02/01/2020 ::: Downloaded on - 03/01/2020 03:26:29 :::
2 apeal544.19.odt
3. This appeal is directed against the order passed by learned Additional Sessions Judge, Akola dated 25.07.2019 in Miscellaneous Criminal Application no.176/2019 thereby rejecting the application for pre-arrest bail filed on behalf of the appellant.
4. Admittedly, appellant is Talathi of village Karla (Bk.). As per prosecution case, on 18.07.2019 at 10:30 in the night when he was proceeding on his motorcycle in front of house of appellant, appellant used words that since he belongs to Khatik caste, he smells like a dog.
5. It is also stated in the First Information Report (FIR) that it happened because dog of the appellant started barking at the first informant. Therefore he stopped the vehicle and the incident has occurred. Appellant is a Talathi. She has given explanation that the first informant had been to her house to demand caste certificate however she refused on the ground that he is not belonging to the same village whereat the appellant is Talathi.
::: Uploaded on - 02/01/2020 ::: Downloaded on - 03/01/2020 03:26:29 :::
3 apeal544.19.odt
6. Looking to aforesaid nature of the accusation, coupled with the fact that the appellant is a lady, she needs to be protected. Hence, I pass following order:
ORDER
(i) The appeal is allowed.
(ii) Order dated 25.07.2019 passed by learned Additional Sessions Judge, Akola in Miscellaneous Criminal Bail Application No.176/2019, is quashed and set aside.
(iii) In the event of arrest arrest in connection with Crime No.151/2019 registered with Police Station, Hiwarkhed, Tq.
Telhara, Dist. Akola for an offence punishable under Sections 323 and 504 of the Indian Penal Code and under Section 3(1) of the Scheduled Castes and Tribes (Prevention of Atrocities) Act, appellant - Vidya Shrirang Mavale be released on she executing P.R. bond in the sum of ₹ 15,000/- with one solvent surety in the like amount.
The appeal is disposed of.
JUDGE srwagh ::: Uploaded on - 02/01/2020 ::: Downloaded on - 03/01/2020 03:26:29 :::