1 criapln2509-11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CRIMINAL APPLICATION NO.2509 OF 2011 IN CRIMINAL APPLICATION NO.488/2011 1] Shahaji S/o Vishwanath Gaikwad .. APPLICANT Vs 1] The State of Maha. & Anr .. RESPONDENTS ... Shri R.B.Rakhunde, Adv.for applicants. Shri B.J.Sonawane,APP for R-State. ... CORAM : T.V.NALAWADE,J. DATE : 11/07/2011 ORAL ORDER: 1] This application is filed for anticipatory bail in Crime No.3004/11 registered in Gandhi Chowk police station, Dist.Latur, for offences punishable U/ss. 3(1)(10( & 7(1)(5) of the Scheduled Caste and Scheduled Tribes [Prevention of Atrocities Act, 1989] and Sections 323 and 506 of I.P.C. Papers of investigation are made available by A.P.P. Heard both sides. 2 criapln2509-11 2] Crime is registered on the basis of report given by one Ekanth Suryawanshi. He has some civil dispute with the present applicant. Complainant has contended that the property which was situated in Gaothan area is shown to be transferred in the name of present applicant under a deed and his father was deceived by obtaining the sale deed. Civil Suit in respect of that dispute is pending. It is contended that on 1/1/11, at about 2.30 p.m. when applicant came to the plot, complainant asked as to why applicant had come there and as to why he had started making construction when Civil Suit was pending. It is contended that after that, present applicant gave abuses by taking name of caste and threat of life and applicant manhandled him. It is contended that he was busy in the court work, so he could not approach police immediately and in respect of incident dated 1/1/11, crime came to be registered on 22/1/11. 3] A.P.P. submitted that there are papers showing that there are eye witnesses and there is sufficient material to make out prima facie case. Admittedly, one sale deed is executed in favour of the applicant by father of complainant and civil dispute is pending. There is clear possibility that the real dispute is different and to pressurize the present applicant, offence under Atrocities Act is added. In these circumstances, this Court holds that anticipatory bail can be granted to the applicant subject to some condition. So application is allowed. In case of arrest of applicant in Crime No.3004/11 registered in Gandhi 3 criapln2509-11 Chowk police station, Dist.Latur, for offences punishable U/ss. 3(1)(10) & 7(1) (5) of the Scheduled Caste and Scheduled Tribes [Prevention of Atrocities Act, 1989] and Sections 323 and 506 of I.P.C., he is to be released on P.R. bond of Rs.15,000/-. He shall not tamper with prosecution witnesses and he shall not commit similar offence. These observations are only for the purpose of bail proceeding and they shall not come in the way of trial Court while deciding the case. [T.V.NALAWADE,J.] umg/criapln2509-11