1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD. Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions Court’s or Judge’s orders. and Registrar’s orders. CRIMINAL APPLICATION NO.: 3107 OF 2009 Pathan Idriskhan Abdul Azizkhan and others Versus State of Maharashtra and another *** Mr. S. S. Thombre, Advocate for the Applicants. Mr. V. D. Godbharle, A.P.P. for the Respondent/ State. *** CORAM: K. U. CHANDIWAL, J. DATED: 8th SEPTEMBER, 2009. 1. Heard learned counsel for the accused/ applicants. In F.I.R. No.3 of 2009 registered with Karmad Police Station, for an offence under section 3 (1) (v) & (x) of S.C. & S.T. (Prevention of Atrocities) Act, 1989 pre-arrest bail is sought by the accused. 2. The learned A.P.P. has pointed, in terms of section 18 of the above Act, the application under section 438 Cr.P.C. is not maintainable since there is a bar created by the statute. 2 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD. Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions Court’s or Judge’s orders. and Registrar’s orders. 3. The factual matrix in the matter indicate, the complainant belonging to the Scheduled Caste, purchased the property Land Survey No.91, while the accused herein are claimed to be owners of adjoining property 89. The complainant's grievance before the police was, it was the accused/ applicants who did not like purchase of property by the complainant and consequently were harassing the complainant. They were not allowing him to cultivate the property. The accused, on the date of incident dated 10th February, 2009, allegedly entered in the field, abused the complainant taking his caste and he and his brother were thrashed. 4. At this stage of the matter, though the counsel refers to a judgment in the matter of "Ramchandra Govindrao Watkar and another V/s State of Maharashtra" [1996 (0) BCI 39], the fact situation demonstrate the F.I.R. spells out the ingredients of infraction referred above. The bar created by section 3 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD. Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions Court’s or Judge’s orders. and Registrar’s orders. 18 of the Act will come into acceleration. Consequently, no pre-arrest bail. Application rejected. Observations are prima facie in nature. [K. U. CHANDIWAL, J.] Dated:08/09/2009. ans/3107