PER COURT :

1. Heard learned advocate for the applicants, learned Additional Public Prosecutor, as well as learned advocate Mr. S. S. Ladda who is intervening and appearing for the original informant.

2. It will not be out of place to mention here that, this Court by order dated 15-04-2020 has directed that no coercive action shall be taken against the applicants for a period of three weeks or till such time the State Government withdraws the lockdown in its entirety, whichever is earlier. Now the lockdown has not yet ended and, therefore, the learned advocate for the applicants seeks extension of the said order. The applications have been mainly objected by the learned advocate for the informant who submits that, the wives of the present applicants had approached this Court also for pre-arrest bail and it was not granted. Then they had approached Hon'ble Supreme Court on 05-02-2020. The said application was rejected and the petitioners therein were directed to surrender within a period of three months. The learned advocate for informant had ::: Uploaded on - 08/05/2020 ::: Downloaded on - 09/05/2020 12:53:02 ::: 3 ABA369-2020 with 370-2020 submitted that, till today there is no compliance of the said order by those petitioners. In fact, the role of those petitioners is lesser than the present applicants yet the protection is granted to the applicants, and now by taking disadvantage of the said order, the applicants are trying to tamper with the evidence of the prosecution as well as trying to drive the informant is under fear.

PER COURT :

1. Heard learned advocate for the applicants, learned Additional Public Prosecutor, as well as learned advocate Mr. S. S. Ladda who is intervening and appearing for the original informant.

2. It will not be out of place to mention here that, this Court by order dated 15-04-2020 has directed that no coercive action shall be taken against the applicants for a period of three weeks or till such time the State Government withdraws the lockdown in its entirety, whichever is earlier. Now the lockdown has not yet ended and, therefore, the learned advocate for the applicants seeks extension of the said order. The applications have been mainly objected by the learned advocate for the informant who submits that, the wives of the present applicants had approached this Court also for pre-arrest bail and it was not granted. Then they had approached Hon'ble Supreme Court on 05-02-2020. The said application was rejected and the petitioners therein were directed to surrender within a period of three months. The learned advocate for informant had ::: Uploaded on - 08/05/2020 ::: Downloaded on - 09/05/2020 12:52:40 ::: 3 ABA369-2020 with 370-2020 submitted that, till today there is no compliance of the said order by those petitioners. In fact, the role of those petitioners is lesser than the present applicants yet the protection is granted to the applicants, and now by taking disadvantage of the said order, the applicants are trying to tamper with the evidence of the prosecution as well as trying to drive the informant is under fear.

PER COURT :

1. Heard learned advocate for the applicants, learned Additional Public Prosecutor, as well as learned advocate Mr. S. S. Ladda who is intervening and appearing for the original informant.

2. It will not be out of place to mention here that, this Court by order dated 15-04-2020 has directed that no coercive action shall be taken against the applicants for a period of three weeks or till such time the State Government withdraws the lockdown in its entirety, whichever is earlier. Now the lockdown has not yet ended and, therefore, the learned advocate for the applicants seeks extension of the said order. The applications have been mainly objected by the learned advocate for the informant who submits that, the wives of the present applicants had approached this Court also for pre-arrest bail and it was not granted. Then they had approached Hon'ble Supreme Court on 05-02-2020. The said application was rejected and the petitioners therein were directed to surrender within a period of three months. The learned advocate for informant had ::: Uploaded on - 08/05/2020 ::: Downloaded on - 09/05/2020 12:52:51 ::: 3 ABA369-2020 with 370-2020 submitted that, till today there is no compliance of the said order by those petitioners. In fact, the role of those petitioners is lesser than the present applicants yet the protection is granted to the applicants, and now by taking disadvantage of the said order, the applicants are trying to tamper with the evidence of the prosecution as well as trying to drive the informant is under fear.

2. The present respondents have filed First Appeal No.1909 of 2019 challenging the Judgment and award in land acquisition proceedings i.e. Land Acquisition Reference No.122 of 2011, decided by learned Joint Civil Judge, Senior Division, Omerga on 02-08- 2014. The appeal is admitted and it is pending before this Court for its turn for final hearing. They have also filed an application for stay ::: Uploaded on - 08/05/2020 ::: Downloaded on - 09/05/2020 12:49:30 ::: 3 CriApln 90-2020 to the execution of the award and a conditional order was passed by this Court. The appellant therein were directed to deposit the entire decreetal amount awarded by the Reference Court along with interest accrued within six weeks from the date of the order i.e. 22- 06-2018. After the amount was deposited by the appellants therein, the present applicants had filed Application No.7291 of 2019 for withdrawal of the amount. After hearing the parties, this Court passed following order : -

(ii) The applicants to deposit the fine amount in the trial Court within eight weeks from today;

SQ Pathan 2/3 ::: Uploaded on - 08/05/2020 ::: Downloaded on - 09/05/2020 06:03:59 ::: LD.VC.OCR.25.20.doc (iii) The applicants shall report to the trial Court once in six

months, till the aforesaid appeal is finally heard and decided. 6 The Interim Application is accordingly disposed of. 7 All concerned to act on the copy of this order, digitally signed by the Senior Private Secretary.

(ii) The applicant shall attend the concerned Police Station as and when called;

(iii) The applicant shall not tamper with the evidence or attempt to influence or contact the complainant, witnesses or any person concerned with the case.

SQ Pathan 3/4 ::: Uploaded on - 08/05/2020 ::: Downloaded on - 09/05/2020 06:03:51 ::: Apeal.196.20.doc 8 Stand over to 3rd July 2020. 9 All concerned to act on the copy of this order, digitally signed

1 By the aforesaid interim application and criminal application, the applicant/petitioner, who appears in-person has made several grievances as against the Investigating officer-ACP Ms. Asmita Bhosale, amongst other grievances. In an earlier petition filed by the petitioner i.e. Writ Petition No. 1135/2019, this Court having considered the allegations and counter allegations levelled by the petitioner therein i.e. Sheetal Shah, was of the view that the interest of justice would be served if the petition i.e. Writ Petition No. 1135/2019 is treated as representation to the Commissioner of Police and as such directed the Commissioner of Police to take cognizance of the said writ petition within four weeks from the date SQ Pathan 1/3 wp.3402.19.doc of the order. Since multiple reliefs are sought in the petition, in particular, transfer of investigation of all five FIRs registered with different police stations, this Court directed that the investigation of all the five FIRs be assigned to a responsible high ranking officer, not below the rank of A.C.P and on such officer being designated to investigate, the petitioner was directed to cooperate with the said investigation. The said order was passed on 4th June 2019 and was disposed of with the aforesaid direction. 2 The grievance of the applicant/petitioner in both the aforesaid applications is that there is a threat to her life and to her children and that the Investigating Officer Ms. Asmita Bhosale and other Officers are not investigating the matter in accordance with law. The petitioner has made several allegations of corruption as against some of the officers. According to her, the said investigation in the five FIRs is not being conducted in a fair and impartial manner.

2. The appellant is apprehending the arrest in Crime No.282 of 2019 registered with Ghargaon Police Station, Sangamner, Dist. Ahmednagar for the offence punishable under Sections 294, 504, 506 of Indian Penal Code and under Sections 3(1)(r)(s), 3(2)(va) of the Atrocities Act. The first information report has been lodged by present respondent No.2.

3. Heard learned Advocate Mr. L. S. Mahajan for appellant, learned APP Mr. P. K. Lakhotia for respondent No.1-State and learned Advocate Mr. S. B. Ghatol Patil for respondent No.2. Perused the affidavit-in-reply along with documents.

4. It has been vehemently submitted on behalf of the appellant that the learned Special Judge failed to consider the enmity between the applicant and the informant. A complaint application has been filed by the present appellant in respect of the property dispute. It was contended that there is a Big house (Wada) of the forefathers of the appellant. It is now in dilapidated condition. There was certain space behind the said Wada. When the family -2- ::: Uploaded on - 08/05/2020 ::: Downloaded on - 09/05/2020 12:49:55 ::: 2-Apeal-6-2020.odt of respondent No.2 started levelling the land behind the Wada, it was objected by the appellant so also a written complaint was filed on 08-09- 2015 to the Grampanchayat. However, the Grampanchayat with some political motive had made entries in the name of the family of respondent No.2. Therefore, a complaint application was then made by him to the Collector. The informant got annoyed with the same and, in fact, application under Section 14-G of the Maharashtra Grampanchayat Act was filed by the appellant against the Sarpanch, Deputy Sarpanch and the Gram Sewak of the Grampanchayat. It was stated that all of them together had shown the open space belonging to the appellant in the name of one Maruti Karbhari Mundhe, Suresh Karbhari Mundhe and Pramod Rambhau Mundhe. It is further stated that present respondent No.2 is the near friend of said Mundhe family and by taking advantage of the caste of the informant false complaint has been lodged and those two persons from Mundhe family whose name has been taken in the application before Collector by the appellant are shown to be the eye witnesses to the incident. In fact, these two witnesses by name Mundhe were not even present when the incident had taken place. Therefore, when the FIR is filed with mala fide intention, the learned Special Judge ought not to have considered that there is bar for entertaining pre- arrest bail applications in view of Section 18-A of the Atrocities Act. -3- ::: Uploaded on - 08/05/2020 ::: Downloaded on - 09/05/2020 12:49:55 :::

2. The applicant has been convicted for the offence punishable under Section 395 of the Indian Penal Code and sentenced to suffer rigorous imprisonment for ten years and to pay fine of Rs.10,000/- (Rs. Ten Thousand only), in default, to suffer rigorous imprisonment for one year. -1- ::: Uploaded on - 08/05/2020 ::: Downloaded on - 09/05/2020 12:49:45 :::

2(i)-appln-3675-19.odt

3. Heard learned Advocate Mr. R. C. Bora holding for learned Advocate Mr. M. L. Wankhade for applicant and learned APP Mr. P. G. Borade for respondent-State.

2. Rule is made returnable forthwith with consent of ::: Uploaded on - 08/05/2020 ::: Downloaded on - 09/05/2020 11:34:03 ::: (2) Cr.WP 1611/2016 both the parties and matter is taken for fnal hearing at the stage of admission itself.

3. Present petition has been fled by the original accused, invoking the constitutional powers of this Court under Article 227 of Constitution of India and the inherent powers under Section 482 of Code of Criminal Procedure for quashing and setting aside order passed in Criminal Revision Application No. 55 of 2015 dt. 21-09-2016 by learned Sessions Judge, Jalgaon and also to challenge the order passed below Ex.1 in Regular Criminal Case No. 573 of 2006 dt. 26-11-2014 passed by learned Chief Judicial Magistrate, Jalgaon.

2. Present appeal has been filed by original accused under Section 14(A) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities)Act, 1989 (herein after referred to as the Atrocities Act) with Section 438 of Cr.P.C. in order to challenge the order of rejection of their bail petition No.78/2020 passed by learned Additional Sessions Judge, Aurangabad (Special Court) on 17.1.2020.

3. It has been submitted on behalf of the appellants that they are apprehending arrest at the hands of M.I.D.C., Waluj Police Station in respect of Crime No.12/2020 dated 07.01.2020, on the basis of the First Information Report lodged by the respondent No.2, for the offences punishable under Section 294, 452, 504, 506 read with Section 34 of the Indian Penal Code and under Section 3(1)(w)(i)

2. Admit. With consent of learned Advocates for the respective parties, taken up for final disposal.

3. Present appeal has been filed under Section 14(A)(2) of The Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, for challenging the order of rejection of bail application under Section 438 of the Code of Criminal Procedure in Criminal Misc. Application (Bail) No.46/2020 on 21.1.2020 by learned Additional Sessions Judge-3, Jalna.

2. Since arguable points are made, the appeals are admitted.

3. By consent the appeals are taken up for final disposal. ::: Uploaded on - 08/05/2020 ::: Downloaded on - 09/05/2020 11:31:54 :::

3 CriAppeal 114-2000 +1

4. Both these appeals have been filed by the original accused in Crime No.03 of 2020 dated 08-01-2020, registered with Mahur Police Station District Nanded for the offences punishable under Section 143, 147, 148, 149, 506 of Indian Penal Code and under Section 3(1)(3), 3(1)(s) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 on the basis of the First Information Report lodged by present respondent No.2. These appeals have been filed as per the provisions of Section 14-A of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.

2. Since arguable points are made, the appeals are admitted.

3. By consent the appeals are taken up for final disposal. ::: Uploaded on - 08/05/2020 ::: Downloaded on - 09/05/2020 11:32:00 :::

3 CriAppeal 114-2000 +1

4. Both these appeals have been filed by the original accused in Crime No.03 of 2020 dated 08-01-2020, registered with Mahur Police Station District Nanded for the offences punishable under Section 143, 147, 148, 149, 506 of Indian Penal Code and under Section 3(1)(3), 3(1)(s) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 on the basis of the First Information Report lodged by present respondent No.2. These appeals have been filed as per the provisions of Section 14-A of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.

Sri Barid Baran Roy & ors.

Mr. Anindya Bose.

.....for the petitioner.

Mr. D. Banerjee.

....for the O.P. No. 1 Mr. Arijit Bardhan.

...for the O.P. Nos. 15 & 16.

This matter has been listed at the instance of the learned advocate for the petitioner for extension of an interim order dated December 23, 2019, passed by this Bench. It is contended that all the opposite parties have been served as per the direction of the Court and the affidavit-of-service will be filed before the Regular Bench.

Mr. Bardhan, learned advocate appearing for the opposite parties 15 and 16, is also present via video conference.

Vs.

Smt. Manika Dhara (Pal) and Ors. Mr. Sakti Pada Jana ..for the Applicants Let the matter appear a fortnight hence whenever the court convenes.

The State should show cause why the State should not be directed to pay the writ petitioner's salary till the disposal of the appeal, subject to the writ petitioner undertaking to refund the same in the event the appeal succeeds.

Advocate for the writ petitioner should communicate this direction to Advocate appearing for the State and the relevant authorities well in advance of the next date of hearing.

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1. The Appellant is a generator maintaining and operating two units of coal-fired thermal generation plants. For purposes of setting up the said units, the construction work started some time in 2011. It had entered into an arrangement with the second Respondent (Discom) for supply of electricity for purposes of start-up, its need continuing the first unit having been commissioned on 11.02.2014 followed by the second unit commissioned on 02.08.2015.

2. The Appellant was a consumer for start-up power for the period 01.09.2013 to 31.05.2015. By the billing raised for supply of such electricity in terms of the Supply Agreement dated 07.01.2013, the Respondent Discom treated it as a commercial consumer on the reasoning that it would fall in the residual category, referring in this context to the tariff schedule, in absence of any separate category for start-up power consumer being specified in tariff schedule.

1. The present appeal has been filed by Indian Captive Power Producers Association (ICPPA) (Appellant) against the daily order dated 01.02.2019 ("impugned order") passed by the Gujarat Electricity Regulatory Commission ("Respondent Commission") in Petition No. 1672 of 2017, preferred by the Appellant. Vide the present appeal, the Appellant is seeking necessary directions for expediting the proceedings in Petition No. 1672 of 2017 preferred by the Appellant. Under the aforesaid Petition, the Appellant is seeking amendment of the provisions of the Gujarat Electricity Regulatory Commission (Terms and Conditions of Intra-State Open Access) Regulations, 2011 ("GERC OA Regulations, 2011") as detailed therein. However, even after a lapse of more than 2 years, the Respondent Commission has failed to hear the Petition on merits, thereby leading to a delay in deciding the said case.

1. The present Appeal has been filed by the Swasti Power Limited ("Appellant") under Section 111 of the Electricity Act, 2003 ("Electricity Act"), challenging the legality, validity and propriety of the Uttarakhand Electricity Regulatory Commission's ("State Commission / Respondent No.1") Order dated 21.10.2015 in Petition No. 08 of 2015 ("Impugned Order") whereby the State Commission despite coming to the conclusion that the Respondents are in breach of their obligations towards construction of 220/33KV sub-station at Ghansali or in strengthening/augmentation of the existing 33KV evacuation system had erroneously dismissed the Petition filed by the Appellant while holding that there is no specific condition under the Power Wheeling Agreement dated 30.09.2005 and Power Purchase Agreement dated 03.07.2009 executed between the parties, under which the Appellant could be compensated for the loss of generation due to inactions of the Respondent No. 2 & 3.

1. By this appeal, challenge has been brought to order dated 04.03.2015 of first Respondent i.e. West Bengal Electricity Regulatory Commission (hereinafter variously referred to as "WBERC" or "State Commission") in case No. TP-55/13-14 thereby determining Multi Year Tariff (MYT) for the period beginning with financial year (FY) 2014-15 upto FY 2016-17 by which the appellant, representing a set of industrial consumers, claims to be adversely affected. The grievances of the Appellant relate to alleged inherent inconsistency in the approach on account of "excessive allowance of power purchase cost"; non-compliance of Tariff Regulations in matter relating to "Provisional Determination of Project Cost" of specific units; incorrect treatment of "non-tariff income"; and, erroneous "recurring" allowance of "interest on working capital loan" provided by Government of West Bengal without scrutiny as to delay in repayment.

1. Against the backdrop of validity of certain acts of the third Respondent (Procurer) encashing the Performance Bank Guarantee and terminating the Power Purchase Agreement (PPA) being questioned by the Appellant (Developer), the issues of the propriety of the approach of Appeal No. 319 of 2019 & IA Nos. 1565, 1566 & 1915 of 2019 Page 2 of 37 the first Respondent - Uttar Pradesh Electricity Regulatory Commission (hereinafter referred to variously as "UPERC" or "State Commission" or "Commission") - to the process of adjudication and the general expectation of its neutrality particularly at the stage of an appellate scrutiny of its decision by this Tribunal have come up for consideration in this appeal.

1. The brief facts that led to filing of the present appeal are as under:

3

In terms of guidelines issued by Ministry of Power (MoP) for determination of tariff by bidding process for procurement of power by distribution licensees, on 18.05.2009, Respondent No.3- MSEDCL issued a request for proposal for procurement of 2000 MW (+30%-20%) for a period of 25 years on long term basis. In that process, the following bidders were qualified:

i. Emco Energy Ltd. ( 200 MW @2.879 Rs/kWh) ii. Rattan India Power Ltd. (Amravati) ( 1200 MW @ 3.260 Rs/kWh) iii. Adani Power Maharashtra Ltd (1200 MW @ 3.280 Rs/kWh) iv. Rattan India Power Ltd. (Nashik) (950 MW @ 3.450 Rs/kWh v. Wardha Power Company Ltd. (675 MW @ 3.620 Rs/kWh)

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2. The case of the prosecution as stated in the charge sheet is that every year Rajiv Gandhi University of Health Sciences (RGUHS) conducts entrance exam for Post Graduation studies in different disciplines of medical and dental sciences, which examination is held at different centres, one such centre in the year 2011 was designated to be that of Vijayanagar Institute of Medical Sciences (VIMS).

CRL.P. No.102200 OF 2019 :4:

3. It is the case of the prosecution that accused No.1 Dr.Vinaya Prasanna was serving in the teaching line in VIMS had allegedly conspired with others to adopt malpractices to help certain candidates to get better results. On the date of examination, i.e. 30.01.2011 accused No.1 illegally opened the question paper in his custody, took photographs of the question paper using his digital camera, sent the digital camera through accused No.1 to accused No.17, accused No.27 who was allegedly a computer operator took a print out of the question paper from the digital camera by connecting it to the computer present in the residence of accused No.17. On that basis, accused Nos.6 to 15 prepared answers to the questions, entered the said answers in the same computer and copy chits in the form of print outs were prepared in respect of the question paper. Accused No.7, in turn, CRL.P. No.102200 OF 2019 :5: handed the chits back to accused No.1, who circulated them to selected students viz., accused Nos.16 to 26, who copied the answers from the chits and managed to get high rank in the examination.

2. The petitioner is seeking bail under Section 439 of Cr.P.C. in connection with Crime No.47/2020 of Harihara Town Police Station, registered for the offence punishable under Sections 143, 147, 149, 148, 307, 324 of IPC.

3. The facts of the case in nutshell are that the petitioner/ accused No.1 and the complainant are running a liquor shop in the name and style as "Swapna Bar and Restaurant' in Harihara for a period of six years. The complainant asked the petitioner to submit the accounts pertaining to the business of the said bar and restaurant. In this background, the petitioner/accused No.1 along with his followers, went to the house of the complainant on 21.03.2020 at about 8.45 p.m. and picked up quarrel with him and abused him in filthy language and assaulted with 3 beer bottle on his face and head and caused bleeding injury.

2. The subject matter of the suit was property bearing CTS No.4601/B Ward No.1 of J.C.Nagar, Hubballi measuring 431 square yards with an old building thereon.

3. The plaintiff's case in a nutshell is as follows: The defendant is the absolute owner and in possession of the suit property. For her legal necessity, she agreed to sell the suit property to the plaintiff for a consideration of Rs.25,00,000/-. On 22.11.2007, receiving advance R.F.A.No.100209/2015 4 consideration of Rs.14,00,000/- under three cheques drawn on UTI Bank, Hubballi, she executed a registered agreement of sale. Her daughter and grandchildren were also signatories to the said document. As per the schedule of payment agreed under the said document a further sum of Rs.6,00,000/- was to be paid within two months and balance amount of Rs.5,00,000/- was to be paid at the time of execution of registered sale deed.

MR. SOEB R. BHOHARIA for the PETITIONER(s) No. for the RESPONDENT(s) No. MR MITESH AMIN, PUBLIC PROSECUTOR with MR MANAN MEHTA, APP for the RESPONDENT(s) No. ========================================================== CORAM: HONOURABLE MR.JUSTICE R.M.CHHAYA and HONOURABLE MS. JUSTICE GITA GOPI Date : 08/05/2020 IA ORDER (PER : HONOURABLE MR.JUSTICE R.M.CHHAYA)

1. Rule. Learned Additional Public Prosecutor waives service of notice of Rule on behalf of respondent State.

2. Present application is preferred by the convict to release him on temporary bail for a period of 60 days on the grounds mentioned in the application.

2. This application is filed seeking bail under Section 438 of the Code of Criminal Procedure, 1973 in respect of the offences punishable under Sections 420, 406, 465, 467, 468, 471 and 120-B of the Indian Penal Code which FIR came to be registered at C.R. No.I-11209016200088 of 2020 with Himmatnagar A -Division Police Station.

3. Learned advocate appearing on behalf of the applicants on instructions submits that the applicants are ready and willing to abide by all the conditions, including the condition with regard to the powers of Investigating Agency to seek remand of the petitioners; subject to the petitioner's right to oppose it.

4. On the other hand, the learned APP appearing for the respondent-State has opposed this application.