17-APPEAL-300-2018.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO.300 OF 2018
1) HIRALAL CHEDILAL GUPTA )
)
2) NAGINDEVI HIRALAL GUPTA )
)
3) DILIP HIRALAL GUPTA )…APPLELLANTS
V/s.
THE STATE OF MAHARASHTRA ANR. )…RESPONDENTS
Mr.Sandeep Mishra a/w. Mr.Prakash Mishra, Advocate for the
Appellants.
Mr.P.H.Gaikwad-Patil, APP for the Respondent – State.
None for Respondent No.2.
CORAM : A. M. BADAR, J.
DATE : 15th OCTOBER 2018
ORAL JUDGMENT :
1 None for respondent no.2, despite service.
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2 Heard. Admit. Heard forthwith considering the fact
that this is an appeal challenging rejection of the application for
anticipatory bail filed by the appellants/accused, by the learned
Additional Sessions Judge, Greater Mumbai, on 16th March 2018.
3 The learned counsel for the appellants/accused argued
that the application is by in-laws of the First Informant and
perusal of the First Information Report (FIR) lodged by
respondent no.2 Sangeeta is not reflecting commission of any
offence punishable under the Scheduled Castes and Scheduled
Tribes (Prevention of Atrocities) Act, 1989, by the
appellants/accused.
4 The learned APP argues that specific allegations are
made against the appellants/accused by the First Informant.
5 I have perused the FIR lodged by Sangeeta M. Gupta.
On the basis of that FIR, Police Station Shahunagar, Mumbai, has
registered offence punishable under Sections 498A, 406, 354, 504,
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323 read with 34 of the Indian Penal Code as well as under 3(1)
(x) of the Scheduled Castes and Scheduled Tribes (Prevention of
Atrocities) Act, 1989.
6 Section 3(1)(x) of the Scheduled Castes and
Scheduled Tribes (Prevention of Atrocities) Act, 1989, is no more
in statute book after amendment which came into effect from 26 th
January 2016. The learned APP is not in a position to explain
how Section 3(1)(x) of the Scheduled Castes and Scheduled
Tribes (Prevention of Atrocities) Act, 1989, is made applicable in
the instant case, when the First Information Report (FIR) is lodged
on 28th February 2018.
7 After amendment of the Scheduled Castes and
Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section
3(1)(r) thereof becomes relevant and it corresponds to erstwhile
Section 3(1)(x) of the Scheduled Castes and Scheduled Tribes
(Prevention of Atrocities) Act, 1989. Section 3(1)(r) deals with
punishment for intentional insulting or intimidation with intent to
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humiliate a member of the Scheduled Caste or a Scheduled Tribe
(Prevention of Atrocities) Act, 1989, in any place within public
view. The FIR lodged by the respondent no.2 does not attract the
offence of atrocity even prescribed by Section 3(1)(r) of the
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities)
Act, 1989.
8 In this view of the matter, the learned trial court erred
in rejecting the application for anticipatory bail moved by the
appellants/accused relying on statutory bar engrafted by Section
18 of the Scheduled Castes and Scheduled Tribes (Prevention of
Atrocities) Act, 1989. The impugned order, as such, cannot be
sustained. Therefore, the order :
ORDER
i) The appeal is allowed.
ii) The impugned order dated 16th March 2018 passed by the
learned Additional Sessions Judge, Greater Mumbai, in
Criminal Anticipatory Bail Application No.459 of 2018 is
quashed and set aside.
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iii) The application for anticipatory bail in Crime No.58 of 2018
registered with Shahu Nagar Police Station moved by the
appellants/accused is allowed.
iv) In the event of arrest of the appellants/accused in Crime
No.58 of 2018 registered with Shahu Nagar Police Station,
the appellants/accused be released on bail on their
executing P.R.Bond in the sum of Rs.15,000/- each, and on
furnishing surety in like amount, by each of them.
v) The appellants/accused shall not make any inducement,
threat or promise to any person acquainted with the facts of
the accusation against him so as to dissuade him from
disclosing such facts to the court or to any Police officer.
vi) The application is disposed off.
(A. M. BADAR, J.)
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