1 CR.APL.NO.2595/2006 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CRIMINAL APPLICATION NO.2595 OF 2006 (Ramesh Waman Chaudhary vs. The State of Maharashtra and others) -------------------------------------------------- Office notes, office Memoranda of Court’s or Coram,appearances, Court’s orders Judge’s or directions and Registrar’s orders Orders Mr.M.K.Goyanka, Adv., for the applicant, absent. Mrs.S.D.Shelke, APP for State. Mr.K.S.Sadawarte, Adv., Mr. S.C.Bora, Adv., for respondent no.3, absent. ... CORAM: A.H.JOSHI & A.R.JOSHI, JJ. DATE:13/10/2011 1. None appears for the petitioner. 2. Perused the papers. Heard learned A.P.P. 3. Perusal of copy of the FIR, which is annexed to the petition, discloses that the allegation of the complainant against the petitioner is that he had abused the complainant by uttering the complainant's caste i.e. 'Mahar'. 4. It is shown that in immediate past, a complaint was submitted to the authorities, by petitioner disclosing that the complainant used to threaten the accused person that he would lodge a false complaint against him under the provisions of the Scheduled Castes and Scheduled Tribes 2 CR.APL.NO.2595/2006 (Prevention of Atrocities) Act, 1989. 5. He, therefore, urges that the apprehension is proved to be true. 6. Whether the complaint/FIR filed against the accused is false, in terms of the apprehension disclosed by the petitioner, is a matter to be investigated. 7. At this stage, it would be grossly improper to assume that the version of the petitioner is to be treated as truth alone and the FIR to be a lie. 8. In the given situation, we find that interests of justice could be met if the petitioner is granted protection against arrest and the investigation is allowed to complete. 9. (a) We, therefore, allow this petition partly. (b) We direct that in the event of arrest, the petitioner be released on furnishing bond and solvent surety in the sum of Rs. 1,000/-. This bail order shall continue till filing of charge-sheet and the petitioner would be free to apply for bail in accordance with law before the Special Judge. 3 CR.APL.NO.2595/2006 (c) Let the investigation be completed. (d) Criminal Application is partly allowed in above terms. (e) Rule made absolute accordingly. (A.R.JOSHI) (A.H.JOSHI) JUDGE JUDGE ... agp/2595-06crapl