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Hiralal Chedilal Gupta And Ors vs The State Of Maharashtra on 15 October, 2018

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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