1. The Court proceedings have been conducted by means of creating a Virtual Court with the help of technology, so as to maintain distance between the staff, Advocates and the Presiding Judge.

2. By this Anticipatory Bail Application, Mr. Aftab Uddin Laskar seeks bail under Section 438 of the Code of Criminal Procedure in connection with Algapur P.S. Case No.100/2020, under Sections 420/409 IPC.

3. The gist of the accusation made in the FIR, gist of the issue raised by this application and the defence of the applicant-accused are contained in order dated 23.04.2020. For Page No.# 2/4 brevity's sake, the said order is extracted hereinbelow:

This application under Section 438 Cr.P.C. has been filed by the petitioners, namely, (1) Jangsher Ali, (2) Omar Ali, (3) Kayum Ali, (4) Sobur Uddin and (5) Badsha Miya, seeking pre-arrest bail apprehending their arrest in connection with Chhaygaon Police Station Case No. 207/2020 registered under Sections 143/147/148/447/325/302 IPC corresponding to G.R. Case No. 369(K)/2020.

As per the FIR of the case, the present accused petitioners along with 11 (eleven) named accused persons and 10 (ten) to 15(fifteen) others illegally entered the land that belongs to the father of the informant around 08:00 in the morning on 01.03.2020 while they were planting rice paddy saplings armed with dao, stick etc. and attacked his family members namely, Ainul Hoque, Saniara Khatun, Jahiruddin, Rupchand Ali, Sukur Ali, Hanif Ali and killed his uncle Ainal Hoque.

1. The applicant, namely, Mukut Rabha, APS serving in Assam Police, as accused in Tinsukia P.S. Case No.1608/2019, under Sections 454/379/ 331/468/471/ 166/167/193/209/211/218/220/221/34 of IPC has filed this application for anticipatory bail under Section 438 of the Code of Criminal Procedure.

2. The Court proceedings have been conducted by means of creating a Virtual Court with the help of technology, so as to maintain distance between the staff, Advocates and the Presiding Judge.

3. I have heard Mr. R. Islam, learned counsel for the applicant and Mr. N. J. Dutta, Page No.# 2/4 learned Additional Public Prosecutor, Assam for the respondent.

List after two weeks on a date to be fixed by the Registry.

Interim order is extended till the next date.

Page No.# 2/2 JUDGE Comparing Assistant

List for Admission after two weeks on a date to be fixed by the Registry.

Interim order is extended till the next date.

Page No.# 2/2 JUDGE Comparing Assistant

JUDGE Comparing Assistant

On instructions, Mr. Tiwari, learned counsel for the petitioner, submits that no such criminal case has been filed against the petitioner in Jalukbari Police Station and as such, prays for withdrawal of this pre-arrest bail application with liberty to file afresh as and when any cause of action arises.

Prayer is allowed.

Liberty as prayed for so granted.

Accordingly, this pre-arrest bail application stands dismissed as not pressed.

JUDGE Comparing Assistant

JUDGE Comparing Assistant

Registry shall obtain scanned/Photostat copies of the records of G.R. Case No. 2581/2019 pertaining to Dergaon P.S. Case No. 843/2019 from the Court the learned Chief Judicial Magistrate, Golaghat.

JUDGE Comparing Assistant

2. The Court proceedings have been conducted by means of creating a Virtual Court with the help of technology, so as to maintain distance between the staff, Advocates and the Presiding Judge.

3. Learned counsel for the applicant has not appeared.

Page No.# 2/2

4. List on 11.05.2020.

5. It is made clear that in case counsel for the applicant does not appear on the next date of listing, the case is likely to be decided on the basis of available record and on hearing the learned counsel for the prosecution.

6. Learned counsel for the applicant be informed accordingly telephonically.

7. Let copy of this order be provided under the signature of the Court Master.

2. The Court proceedings have been conducted by means of creating a Virtual Court with the help of technology, so as to maintain distance between the staff, Advocates and the Presiding Judge.

3. I have heard Mr. S Munir, learned counsel for the applicant and Mr. NJ Dutta, learned Page No.# 2/3 Additional Public Prosecutor, Assam for the respondent.

4. I have gone through contents of the FIR. The applicant has been named as accused No.1 in the FIR and is stated to be aged 27 years.

5. The FIR has been registered at the instance of father of the victim to the effect that on 19.8.2019, at about 7-00 PM, the applicant took his minor daughter to his house by tempting her that he would get married to her and had sexual intercourse with her. The other accused thereupon got angry on seeing her and they abused her using abusive language, surrounded her, threatened her, pulled her with hair and drove her away.

1. The Court proceedings have been conducted by means of creating a Virtual Court with the help of technology, so as to maintain distance between the staff, Advocates and the Presiding Judge.

2. By this Anticipatory Bail Application, Mr. Mridul Das seeks bail under Section 438 of the Code of Criminal Procedure in connection with Ambari P.S. Case No. 393 of 2019, registered under Sections 120(B)/420/406/403/506 of the IPC.

3. Learned counsel for the applicant has not appeared.

4. The application has been pending since 27.11.2019, when an interim order granting anticipatory bail was passed in favour of the applicant. Under the circumstances, I find no Page No.# 2/3 justifiable reason to await appearance by the counsel for the applicant.

1. The applicant, namely, Jeherul Islam has preferred this application under Section 438 of the Code of Criminal Procedure for anticipatory bail in connection with Kalgachia P.S. Case No.812/2019, under Section 366(A) IPC.

2. The Court proceedings have been conducted by means of creating a Virtual Court with the help of technology, so as to maintain distance between the staff, Advocates and the Presiding Judge.

3. I have heard Mr. S. Munir, learned counsel for the applicant and Mr. N. J. Dutta, learned Additional Public Prosecutor, Assam for the respondent.

Page No.# 2/2

4. I have taken into account the accusations made by the informant who is the father of the victim. It has been alleged that on 23.10.2019 at about 6.15 PM, the applicant along with his associates came in a Maruti car, entered the house, asked the victim to serve water and in the meantime forcefully caught hold of her from the back, gagged her mouth and dragged her to the vehicle. Being helpless, she raised an alarm. Neighbours came there. On seeing that the neighbours had come, the accused fled.

By this application under Section 438 CrPC, the petitioner namely, Pranab Kr. Sharma is seeking pre arrest bail apprehending his arrest in All Women Police Station Case No. 57/2020 registered under Sections 376/313/498(A) of the IPC corresponding to G.R. No. 4553/2020.

The informant on 29.03.2020 lodged a written ejahar before the Officer-in-Charge of All Women Police Station alleging that the petitioner raped her prior to her marriage with him.

Page No.# 2/3 On 14.05.2018 the petitioner married the informant secretly at Kolkata Kalighat Temple and Court marriage between them took place at Guwahati on 18.12.2018 before the Marriage Officer, Kamrup Metro, Guwahati. It is also alleged by the informant that because of their wedlock though she was pregnant, the petitioner forcefully aborted her. It is stated by the informant that she is serving in the office of the Assam Real Estate and Infrastructure Developer's Association (AREIDA) at Guwahati since 2015 and that the petitioner is the lone Director of the said Office and that at present she is residing in the house of the petitioner at New Guwahati. The informant also stated that only after her marriage with the petitioner she could come to know that she is his fourth wife. The informant alleged that the petitioner is physically and mentally torturing her, has his eyes on the money of her mother and her family members and that he is harassing her in all counts of her life and may even through her from the house at New Guwahati wherein she is residing now and from her job at AREIDA.

7) Munnaf Ali, have sought for pre-arrest bail in the event of their arrest in connection with Chhaygaon PS Case No. 207/2020, corresponding to GR Case No. 369 (K)/2020, under Sections 143/147/148/447/325/302 IPC.

Heard Mr B Chowdhury, learned counsel for the petitioners. Also heard Mr N Kalita, learned Additional Public Prosecutor for the State of Assam.

Also perused the record and the Case Diary produced.

It is submitted by the learned Additional Public Prosecutor, Mr Kalita that so far as the accused Page No.# 3/3 petitioners, namely, 1) Imdadul Hoque and 2) Bilat Ali are concerned, their sufficient implication have been given by the eyewitnesses, regarding the commission of the offence.

2. The Court proceedings have been conducted by means of creating a Virtual Court with the help of technology, so as to maintain distance between the staff, Advocates and the Page No.# 2/3 Presiding Judge.

3. Learned counsel for the applicant did not appear on 14.03.2020, 16.03.2020 and today again. This application has been pending since 02.03.2020. Learned counsel for the applicant has not been appearing consistently. I find no justifiable reason to adjourn the matter for any longer period. In any case the application is being disposed of considering the statutory provisions of Indian Penal Code and the Indian Evidence Act.

HON'BLE MR. JUSTICE JAYANT NATH JAYANT NATH, J. (JUDGMENT)

1. This Writ Petition is filed seeking appropriate order for setting aside the sealing order dated 5.1.2019 and a direction to deseal the premises being Khasra No.257, Village Siraspur, Delhi.

2. The case of the petitioner is that since 1988 the petitioners have been enjoying the property and spending huge amounts on the same. In 2011 a threat was extended to dispossess the petitioners without following due process of law. The petitioner thereafter filed three separate Writ Petitions which were disposed of by this court on 22.2.2011 directing the petitioners to file appropriate petition for declaration of their rights with respect to the land in their possession. The respondent/Gaon Sabha were permitted to file W.P.(C) 1355/2019 Page 1 of 7 ejectment proceedings against the petitioner and till disposal of the ejectment proceedings protection was given to the petitioner.

2. This petition has been moved by the State under Section 439(2) read with Section 482 of the Cr.P.C. for cancellation of bail granted vide order dated 30.04.2020 by the learned ASJ, Patiala House Courts, New Delhi to the respondent/accused in FIR No.111/2000 dated 06.04.2000 under Sections 420/120B of the IPC, registered at Police Station Chanakya Puri, New Delhi, which has been investigated by the Crime Branch. According to the petitioner/State, during investigations of an extortion case relating to FIR No.249/1999 dated 13.11.1999 under Sections 387/506 of the IPC registered at Police Station DBG Road Delhi, the Crime Branch came to know that some persons were conspiring to fix the India-South Africa Cricket Test CRL. M.C. 1468/2020 Page 1 of 26 Series to be played in the months of February to March, 2000 whereunder five One-Day matches and three Test matches were to be played at various places in India. The accused/respondent is alleged to have played a major role in fixing these matches, as it is alleged by the petitioner/State that he was the main link between the players and an alleged Syndicate which was running betting on these matches and had profited hugely from these match fixings as they controlled the outcome of each of these matches.

The petition is being filed by the petitioner and challenge is being made to the order dated 04.03.2020, whereby the petitioner is directed to retire on completion of 62 years of age. It is submitted that the petitioner is a Physical Instructor and is equivalent to Teacher as has been held by the Full Bench of this Court in the case of State of M.P. & Others Vs. Yugal Kishore Sharma, in W.A.No.613/2016. Petitioner has placed reliance upon the Clause F of Regulation 8 of Ministry of Human Resources and Development Department as under :-

"(f) Age of Superannuation :- (i) In order to meet the situation arising out of

shortage of teachers in universities and other teaching institutions and the consequent vacant positions therein, the age of superannuation for teacher in Central Education Institution has already 2 HIGH COURT OF MADHYA PRADESH WP.No.7385/2020 (Gopal Prasad Shivhare Vs. Union of India & Others) been enhanced to sixty five years, vide the Department of Higher Education letter No. F.No.1- 19/2006-U.II dated 23.03.2007, for those involved in class room teaching in order to attract eligible persons to the teaching career and to retain teachers in service for a longer period. Consequent on upward revision of the age of superannuation of teachers, the Central Government has already authorized the Central Universities, vide Department of Higher Education D.O. Letter No.F.1-24/2006-Desk(U) dated 30-03-2007 to enhance the age of superannuation of vice- Chancellors of Central Universities from 65 years to 70 years, subject to amendments in the respective statutes, with the approval of the competent authority (Visitor in the case of Central Universities).

Law laid down Significant Para Nos.

Reserved on : 04.02.2020 Delivered on : 08.05.2020 (O R D E R) With the consent of learned counsel for the parties, since pleadings are complete, the matter is heard finally.

2. Heard on the question of admission.

3. This petition is under Article 226 of the Constitution of India. By the instant petition, the petitioner is claiming that he was working as 2 W. P. No. 1763/2020 Chairman/President of Municipal Council, Khandwa, by virtue of his election and certificate issued by the Returning Officer on 04.12.2014. The tenure of the President in the Municipal Council is over and the respondents/State is inclined to appoint an Administrator who is a Government Officer.

2. The case of prosecution against the appellants, in short, is that Vijay Pratap Singh (PW-9) while posted as S.H.O. of Police Station, Kotwali, Shahdol received information on 10/04/2007 that one Ravi Sharma alias Gudda is dealing with fake Indian currency notes and he is coming at bus stand with fake currency notes. SHO- Vijay Pratap Singh called two Panch witnesses Chandrakant Soni (PW-10) and Md Jakir khan (PW-3). and after informing them recorded the said information in Rojnamcha Sanha (Ex.P/1) and moved to spot along with panch witnesses, ASI Pradeep Dwivedi (PW-8), Constable Arvind Pyasi (PW-7), Swatantra Singh, Arvind Dubey, Mahesh Yadav, Satya Narayan (PW-4), Rahees Khan, Pramod Pandey, Shailendra Chaturvedi and driver Chandra Prakas in Government Vehicle No.M.P.03 5682 and recorded that Ravangi(outgoing) in Rojnamcha Sanha (Ex.P/31).

2. The case of prosecution against the appellant, in short, is that on 28/11/2018 father of the Prosecutrix (PW2) lodged a missing report bearing No.54/2018 (Ex.P/4) at Police Station Industrial Area, Satlapur to the effect that he is residing in a rental house of Jumman, opposite to Tapti School, Satlapur having six daughters, elder one prosecutrix aged about 12 years 10 months is studying in Class-8 th in Megha Vidya Mandir, not found in the house since morning also alleged some jewallary, ATM and money are missing. Placed a doubt on Appellant Neelesh Ahirwar who residing in the same building .

3

3. On the basis of said missing report, case of missing person (Ex.P/5) and first information report (Ex.P/6) for the offence punishable under Section 363 of IPC registered against suspicious Neelesh Ahirwar at Crime No.325/2018. The matter was taken into investigation. After recovering Prosecutrix she was sent for medical examination, report Ex.P/13 had been obtained. Statement under Section 161 of Cr.P.C. of the prosecutrix were recorded and on her statement, accused were arrested. On the basis of the statement recorded under Section 161 of Cr.P.C., Sections 376, 506 and 120-B of IPC were added in the case against the accused/appellant and other co accused Bablu. Medical examination report of the appellant is Ex.P/11. Forensic Science Laboratory, Sager report Ex.P/22 received in this regard. After completion of investigation, charge sheet was submitted before the competent Court against the appellant along with co-accused Bablu Ahirwar.

2. The facts giving rise to this petition, in short, are that the applicant got married with respondent No.1 as per Muslim rites and rituals. Respondent No.2 is father-in- law, applicant No.3 is mother-in-law , applicant No.4 is sister-in-law of the applicant. The applicant has been living in matrimonial hose along with all the respondents since marriage. Respondent No.1- husband of the applicant and respondent No.3-mother-in-law of the applicant are having joint title and possession of the questioned house (matrimonial house) where the applicant is living. While she was living in matrimonial house, she gave birth to a girl child, but, all the respondents wanted a male child, therefore, harassed her in so many occasions, beat her and did not allow her to go outside and when she got chance to go outside, she immediately filed a report against the respondents and 3 also filed an application under Sections 12, 17, 18, 19, 20, 22 of the Domestic Violence Act and prayed for maintenance and restriction order not to interfere in the possession of the applicant in her matrimonial house. The applicant also filed an application under Section 23 of Domestic Violence Act for interim order.

... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Rajendra Nath Sinha, Advocate For the State : Mr. Pranav Kumar, APP

====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 17-03-2020 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Special Case No. 70 of 2019 arising out of Maner PS Case No. 179 of 2019 dated 09.04.2019 instituted under Sections 341/323/354/504/506/379/34 of the Indian Penal Code, 8/12 of The Protection of Children from Sexual Offences Act, 2012 and 54 'D' of the I T Act.

... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. For the Opposite Party/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 19-03-2020 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Raushanganj PS Case No. 129 of 2019 dated 10.07.2019 instituted under Sections 302/328 of the Indian Penal Code.

... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Vijay Kumar Sinha, Advocate For the Opposite Party/s : Mr. Jitendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 19-03-2020 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody in connection with Kankarbagh PS Case No. 233 of 2019 dated 27.02.2019 instituted under Sections 395/397 of the Indian Penal Code.

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Hon'ble Shri Justice Ram Prasanna Sharma Order On Board 07.5.2020

1. This is an application filed under Section 439 of the Cr.P.C. for grant of regular bail to the applicant, who has been arrested in connection with crime No.32/2020 registered at Police Station Sariya, Distt. Raigarh Chhattisgarh for the offence punishable under Section 34(2) & 59(A) of the Chhattisgarh Excise Act.

2. Case of the prosecution, in brief, is that 10 bulk liters of illicit liquor was seized by the police from the present applicant.

3. Learned counsel for the applicant submits that the applicant is in detention since 19.4.2020. He further submits that applicant has been falsely implicated in the case, therefore, he may be released on bail. 2

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Hon'ble Shri Justice Ram Prasanna Sharma CAV Judgment

1. This appeal is preferred against the judgment dated 25 th of February, 2016 passed by Additional Sessions Judge, Gariyaband (C.G.) in Special Case No.12/2015 wherein the said Court has convicted the appellant for charge under Sections 363, 376 of Indian Penal Code, 1860 and under Section 6 of the POCSO Act, 2012 and sentenced him to undergo R.I. for four years with fine of Rs. 200/-, R.I. for ten years with fine of Rs. 200/-, R.I. for ten years with fine of Rs.200/- with default stipulations.

1. This appeal is preferred under Section 374(2) of the Code of Criminal Procedure, 1973 against judgment dated 31.10.2014 passed by Special Judge under the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short 'the Act 1985'), Raipur (C.G.) in Special Criminal Case No. 240/2014, wherein the said court convicted the appellant for commission of offence under Section 20(b)(ii)(C) of the Act, 1985 and sentenced to undergo R.I. for 10 years and fine of Rs. 1,00,000/- with default stipulations.

2

2. As per case of the prosecution, on 12.01.2014, Police Officer- Shankar Chandrakar, In-charge of Government Railway Police, Raipur received information that two persons carrying contraband article ganja are traveling in train Ahmedabad Express. On the basis of said information, the Police Officer with other staff reached to the spot and recovered ganja to the tune of 38 Kg. from the appellant. After complying with all the legal formalities, the matter was investigated, appellant was charge- sheeted and after completion of trial, the trial court convicted as mentioned above.

1. The appeal is directed against judgment dated 06.4.2010 passed by Sessions Judge Raipur in Session Trial No.161/2008 wherein the said Court convicted appellant for commission of offence under Section 304 Part-II of the Indian Penal Code, 1860 and sentenced him to undergo rigorous imprisonment for 05 years and to pay fine of Rs.1000/- with default stipulation.

2. In the present case, name of the deceased is Kalu @ Tarun Bagh. As per the version of the prosecution, on 11.6.2008 at 2 noon, the appellant and the deceased were drinking liquor in the house of the appellant. During the course of drinking, a dispute arose regarding daughter of the appellant namely Suman. On this dispute, the appellant and other persons assaulted the deceased and the appellant sat on the chest of the deceased and pressed his neck due to which the deceased become unconscious. He was taken to hospital but succumbed to the injuries. The matter was reported, investigated and the appellant was charge sheeted and convicted as mentioned above.

1. The appeal is directed against judgment dated 30.8.2010 passed by Additional Sessions Judge, Bemetara Distt. Durg in Session Trial No.14/2010 wherein the said Court convicted appellant for commission of offence under Section 307 of the Indian Penal Code, 1860 and sentenced him to undergo rigorous imprisonment for 05 years and to pay fine of Rs.500/- with default stipulation.

2

2. In the present case, name of the victim is Ramji Yadav. As per the version of the prosecution, on 31.12.2009 at about 9.00 pm when victim Ramji Yadav along with other persons doing the work of decorating the road by writing "Happy New Year" for celebrating new year, the appellant came there and used filthy words and asked what he is writing. Quarrel took place between the appellant and the victim and the appellant hit the victim on his stomach by knife resulting which he fell down. The victim was admitted to Sector 9 Hospital, Bhilai. The matter was reported and the appellant was charge sheeted. After completion of trial, the appellant has been convicted and sentenced as mentioned above.

For State/respondent : Mrs. Smita Jha, Panel Lawyer.

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Hon'ble Shri Justice Ram Prasanna Sharma CAV JUDGMENT

1. This appeal is preferred under Section 374 (2) of the Code of Criminal Procedure, 1973 against judgment dated 11.12.2012 passed by Special Judge (Prevention of Corruption Act, 1988) & First Additional Session Judge, Raipur (C.G.) in Special Session Trial No. 01/2007, wherein the said court convicted the appellant for commission of offence under Section 7 & 13(1)(d) read with Section 13(2) of the Prevention of Corruption Act, 1988 (for short "the Act, 1988") and sentenced to undergo R.I. for 1 year and fine of Rs. 5000/- & R.I. for 2 years and fine of Rs. 10,000/- respectively with further default stipulations.

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1. Category-wise cut-off marks of the result declared on 16.04.2019;

2. Marks obtained by the appellant in written examination and candidates with what score have been selected from Rajasthan OBC quota;

3. On what basis will be candidates selected from among the 447 candidates finalized for medical examination.

PIO/DIG, CISF denied disclosure of information invoking Section 24 of the RTI Act, vide reply dated 12.06.2019.

Aggrieved with denial of information, the appellant filed a First Appeal dated 01.07.2019, which was decided by the FAA vide order dated 04.07.2019, reiterating the stance taken by the PIO.

Dissatisfied with denial of information, the appellant filed the instant Second Appeal before the Commission.

1. I want to know its next process & medical test date.

2. When will be its medical test

3. I am eagerly waiting its medial test dates many times I tried to know its previous recruitment centre but they have no information, about it please inform me medical test date He summarised his queries as:

(1) What is the reason of being so late in the process of recruitment. (2) I want to know the status of recruitment whether it will be completed or not.

PIO/DIG, CISF denied disclosure of any information invoking Section 24 of the RTI Act, vide reply dated 08.04.2019.

Aggrieved with denial of information, the appellant filed a First Appeal dated 03.05.2019, which was decided by the FAA vide order dated 14.05.2019, reiterating the stance taken by the PIO.

Dismissed as withdrawn.

(MANJARI NEHRU KAUL) JUDGE May 08, 2020 J.Ram Whether speaking/reasoned: Yes/No Whether Reportable: Yes/No 1 of 1 ::: Downloaded on - 09-05-2020 20:43:49 :::

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 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. 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)

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