1 criap-1062.07 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD CRIMINAL APPLICATION NO 1062 OF 2007 Gautam Buddha Ganguli, age 54 years, occup. service, r/of Emerald City, Plot No.33, Shivaji Nagar road, Garkheda Parisar, Aurangabad. Petitioner versus 1. The State of Maharashtra, 2. Commissioner of Police, 3. Gorakhnath Bhaurao Pakhrey age 46 years, occup. r/of Wardud Kazi, Tq. and District Aurangabad. Respondents ------- Shri S.S.Kingaonkar, Advocate, holding for Shri N.S. Ghanekar, Advocate, for applicants. Shri N.R. Shaikh A.P.P. for Respondents Nos. 1 & 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. Ad-interim relief for release on bail was granted on 5.4.2007. Rule was issued on 13.9.2007, with further relief of stay to the proceedings in R.C.C. No.1303 of 2007, insofar as offences under the Scheduled Caste and Scheduled Tribe (Prevention of Attrocities) Act, are concerned. 2 criap-1062.07 2. Heard. Perused the F.I.R. registered for offence under Section 3(1)(x) of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989, under Crime No.II-7/2007 with Chikhalthana Police Station, Aurangabad. 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, therefore, dispose of the application and make the rule absolute, in following terms:- (a) Interim protection granted on 18.4.2007 shall continue for a period of four weeks from today. 3 criap-1062.07 (b) In the event the applicant has already appeared before the trial court and bail is granted to him, the interim protection granted by this court shall come to an end forthwith. (c) Rule is made partly absolute in above terms. (d) Interim stay is vacated. (A.R.Joshi, J.) (A.H.Joshi, J.) pnd/criap-1062.07