1 criap-1081.05 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD CRIMINAL APPLICATION NO.1081 OF 2005 1. Acchut s/o Namdeo Sapkal, Age 60 years, Occ. Agriculture, r/o. Jalgavan, Tq. Parli, Dist.Beed. 2. Dnyanoba s/o Acchut Sapkal, Age: 24 years. 3. Tukaram s/o Acchut Sapkal, Age 20 years. All r/o Jalgavan, Tq. Parli, Dist. Beed. APPLICANTS versus 1. The State of Maharashtra, through Police Station, Sirsala, Tq.Parli, Dist. Beed. 2. Superintendent of Police, Beed, Dist. Beed. 3. Kumari Kalpana Tukaram Pandit, Age: 20 years, Occ: Household, r/o. Jalgavan, Tq. Parli, Dist. Beed. RESPONDENTS ------- None for the applicants. Shri N.R.Shaikh, A.P.P. for Respondents no.1 and 2. ------- Coram: A.H.Joshi & A.R.Joshi, JJ. Date : 17th October, 2011. Oral Judgment (Per: A.H. Joshi, J.) 1. The application was entertained. Rule was issued and ad-interim relief was granted. This was done in the background and on the point that caste either of the accused or the complainant was not mentioned in FIR. 2 criap-1081.05 2. Heard. Perused the F.I.R. registered for offence under Section 3(1)(x) of the Scheduled Caste and Scheduled Tribe (Prevention of Attrocities) Act, 1989, and under Sections 323, 504, 506 read with Section 34 of IPC, under Crime No.31/2005 with Police Station, Sirsala, tq. Parali. 3. It is not in dispute that the FIR is not expected to be encyclopedia and the aspect of caste not being mentioned in the FIR can be gone into in the course of investigation. 4. Interest of justice requires that the investigation be completed, however, the applicants can be granted protection against arrest. 5. We, therefore, pass the following order:- (a) In the event of arrest in connection with F.I.R. dated 10.4.2005, registered for offence under Section 3(1)(x) of the Scheduled Caste and Scheduled Tribe (Prevention of Attrocities) Act, 1989, under Crime No.31/2005 with Police Station, 3 criap-1081.05 Sirsala, tq. Parali, the applicants be released on furnishing P.R. bond and surety in the sum of Rs. 2000/- each. (b) Rule is made partly absolute in above terms. (c) Interim relief is vacated. (A.R.Joshi, J.) (A.H.Joshi, J.) pnd/criap-1081.05