Dnyaneshwar s/o Pandharinath Narote And others vs State Of Maharashtra Through Police Station Deogaon

Leave is granted to add  informant  as  a party-respondent in the appeal. Amendment be carried out before 18th May, 2020.

Heard learned Advocate appearing for appellants and learned APP for Respondent-State.

Learned APP submits that though he has received the papers; yet original informant is not made party and not heard.

Taking into consideration the provisions of law, the informant is necessary to be heard and, therefore, issue notice to the informant, returnable on 26th May, 2020.

Perusal of the First Information Report would show that there are specific allegations against appellant Nos.3, 5 and 6 and it says about utterances made by them in the name of caste. Under such circumstance, when prima facie case is made out against them under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short, the Atrocities Act), this Court is not inclined to grant them any interim protection under Section 438 of Cr.P.C.. Hence, their appeal stands dismissed. However, as regards rest of the appellants are concerned, the allegations in the FIR do not attract the offence under Atrocities Act. The allegations made against them also are of such nature that their physical custody may not be required; yet since the informant is to be heard, till then, the other appellants deserve interim protection.

Hence, till 26th May, 2020, in the event of arrest of appellant No.1 - Dnyaneshwar s/o Pandharinath Narote, appellant No.2 - Satish s/o Eknath Narote; appellant No.4 - Bhausaheb s/o Shripat Narote; appellant No.7 - Ghanshyam s/o Vikram Narote; appellant No.8 - Janardhan s/o Gorakhnath Narote; appellant No.9 - Lakhan @ Lakshmikant s/o Pandharinath Narote; appellant No.10 - Rohidas s/o Bhausaheb Narote; appellant No.11 - Ratan s/o Raghunath Narote; and appellant No. 12 - Bapu @ Bharat s/o Raghunath Narote, by Deogaon Rangari PoliceStation, District Aurangabad in Crime No.I-17/2020 dated 5.2.2020, for the offences under Sections 143, 146, 147, 323, 504 of IPC and Sections 3(1)(r)(s), 3(2)(va) of the Atrocities Act, each one of them be released on PR of Rs.25,000/- (Rupees twenty five thousand). They shall not commit any similar offence nor shall they tamper with the evidence of the prosecution. If at all, their presence is required by the Investigating officer for investigation, he may call them to the police station by specifying a particulate time, which should be communicated to them well in advance of 24 hours.

. Stand over to 26th  May, 2020.