1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR CRIMINAL APPLICATION NO.321/2010 Applicants :- 1. Amol s/o Dnyanbarao Narwade, aged about 32 years, Occupation : Cultivator, R/o Post Mop, Teshil : Risod, District : Washim. 2. Sharad s/o Manikrao Narwade, aged about 30 yeas, Occupation : Cultivator, R/o Post Mop, Teshil : Risod, District : Washim. ...Versus... Respondent :- State of Maharashtra, Through P.S.O. Risod, District : Washim. --------------------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's order of directions and Registrar's orders --------------------------------------------------------------------------------------------------------------------------------------------- [Shri S.N. Bhattad, Adv. for applicants] [Shri A.D. Sonak, APP for respondent] CORAM:- A.B. CHAUDHARI, J. DATED :- 05.03.2010 1. Learned Counsel for the applicants submits that the contents of the F.I.R. show that no offence is made out under Section 3 (1) (x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 and therefore, he prayed for releasing the applicants on anticipatory bail. 2. Learned A.P.P. for respondent opposed the application. 3. Learned A.P.P. filed affidavit of Shri Jagdeo Mahadeo Akhare, S.D.P.O., Washim, wherein it is stated that there is ample 2 evidence against the applicants and several witnesses have stated about the incident and not only that applicant No.1 has to his credit similar type of offences of intimidating a Government servant in the year 2008. Investigation is still in progress and they are looking for the third unknown person, who had tried to kidnap the complainant by putting him in jeep. 4. Having heard learned Counsel for the applicants and learned A.P.P. for respondent and having perused the the affidavit filed by Shri Jagdeo Mahadeo Akhare, S.D.P.O., Washim particularly in paragraph Nos.2 and 3 thereof, I find that there is ample evidence against the applicants that the applicants entered the office of the victim, caught hold of his collar and then abused him in the name of his caste and humiliated him and thereafter used words, which are mentioned in the F.I.R.. It is not possible to accept the submission made by learned Counsel for the applicants that no offence is made out. However, this Court is inclined to allow the applicants to appear before the Special Court and pray for grant of regular bail. If such application is made, the Special Judge shall consider the same expeditiously. With these observations, criminal application stands disposed of. JUDGE SSW