1 crap3757.11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, AURANGABAD BENCH, AURANGABAD CRIMINAL APPLICATION NO. 3757 OF 2011 1 Suresh @ Lahu Dashrath Sonwane, age 44 years, occ. Agril., 2 Prabhakar @ Prakash s/o Jagannath Shirsath, age 45 years, occ. Social Worker, Both r/o Pimpalner, Tq. Sakri, District Dhule, 3 Mukund s/o Keshav Gharte, age 35 years, occ. Social Worker, R/o Samode, Tq. Sakri, District Dhule, 4 Sudam Gorakh Pagare, age 50 years, occ. Social Worker, 5 Ravindra @ Bhausaheb s/o Babulal Mahajan, age 28 years, occ. Driver, 6 Sow. Nilam Ravindra Mahajan, age 26 years, occ. Household, All r/o Gopalnagar, Pimpalner, Tq. Sakri, District Dhule, ...Applicants VERSUS 1 The State of Maharashtra, 2 Superintendent of Police, Dhule, Dist. Dhule ...Respondents ..... Smt. S.S.Jadhav, advocate for applicant nos. 1 to 6 Shri B.V.Wagh, A.P.P. for respondent nos. 1 and 2 ..... 2 crap3757.11 CORAM : SHRIHARI P.DAVARE, J. DATED : 23rd September, 2011 PER COURT : 1 Perused the investigation papers which were made available for inspection purpose, as well as heard respective learned counsel for the parties finally. 2 This is an application preferred by the applicants seeking anticipatory bail apprehending their arrest under C.R. No.68 of 2011, registered at Pimpalner police station, District Dhule, for the offences punishable under Sections 114, 143, 147, 149, 452, 323, 504, 506, 427 and 34 of the Indian Penal Code and Section 3 (1) x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act and under Section 7 ( 1) (d) of the Protection of Civil Rights Act. 3 It appears that the crime has been registered on the basis of the complaint lodged by the complainant, namely Parag Rajendra Suryawanshi on 6.8.2011 in respect of occurrence of the incident on the same day. It is alleged in the said complaint 3 crap3757.11 that on 6.8.2011 at about 7.00 p.m. the complainant Parag Suryawanshi had visited his uncle's house. At that time, applicant nos. 1 to 6, except applicant no.5, namely Ravindra @ Bhausahev s/o Baulal Mahajan along with mob of 1,000 persons gathered there and abused the complainant and his uncle humiliating them by referring to their caste and threatened them to kill. It is also alleged that the applicants and the persons belonging to the said mob assaulted the complainant by leg kicks and fist blows and the wife of Bhausaheb Mahajan dragged complainant's mother Nandabai out of the house and assaulted her by fist blows. It is further alleged in the said first information report that the house articles were also damaged by the said persons, as well as Hero Honda Splendour motor cycle was also damaged by the said persons. It is also alleged that the said persons pelted stones on the house of the complainant. It is further recited in the said complaint that the alleged incident occurred out of the incident of teasing a girl belonging to Jire Mali community by complainant's brother Vikas. 4 On the afore said background, learned counsel for the applicants pointed out from the communication Exh.'C', issued 4 crap3757.11 by the Head Master of Kendriya Zilla Parishad School, Pimpalner that the father of complainant, namely Rajendra Yashwant Suryawanshi belongs to Hindu Gavandi caste as per the school record. It is also stated that the said communication discloses that the school record in respect of complainant, namely Parag Rajendra Suryawanshi was not available. Hence, learned counsel for the applicants submitted that the caste of the complainant himself is in dispute, and therefore, the alleged offence under Section 3 (1) (x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act is under suspicion. 5 In the said context, learned Additional Public Prosecutor pointed out the caste certificate in the name of the complainant himself, namely Parag Rajendra Suryawanshi issued by the Sub-Divisional Officer, Dhule on 26.8.2002 disclosing the caste of the complainant as Mochi i.e. Scheduled Caste and canvassed that the said certificate issued by the Sub- Divisional Officer at the request of the complainant is the conclusive proof of his caste and further submitted that the complainant belongs to Mochi i.e. Scheduled Caste. 5 crap3757.11 6 Considering the school record at Exh. 'C', apparently, it is in the name of Rajendra Yashwant Suryawanshi i.e. father of the complainant stating that he belongs to Hindu Gavandi caste; whereas it is stated in the said communication that the school record in respect of the complainant Parag Rajendra Suryawanshi was not available. On the face of the said position, learned Additional Public Prosecutor pointed out that the caste certificate pertaining to very complainant, namely Parag Rajendra Suryawanshi, issued by the Sub-Divisional Officer, Dhule, discloses his caste as Mochi belonging to Scheduled Caste and the said certificate, which has been issued by the proper authority in the name of the complainant and produced by the learned Additional Public prosecutor, being a public document, is apparently, required to be accepted at least at this stage. 7 Moreover, the spot panchanama, dated 7.8.2011 discloses that one Indica car, which was standing in the court yard of the house of the complainant, was also damaged, as well as the motor cycle and cycles standing were also damaged 6 crap3757.11 during the course of the afore said incident. Moreover, learned Additional Public Prosecutor submitted that there are about 18 eye witnesses to the occurrence of the incident and some of the statements of the witnesses, which have been recorded during the occurrence of the investigation, namely Chandu Suryawanshi and Sandip Shinde are in consonance with the contents of the complaint. 8 In the circumstances, having the comprehensive view of the matter and considering the accusations made against the applicants no. 1-Suresh @ Lahu, no.2-Prabhakar @ Prakash, no.3-Mukund, no.4-Sudam and no.6-Sow.Nilam, and nature and gravity thereof, it is apparent that there is no possibility of their false implication in the crime and there appears to be prima facie case against them, and hence, their custodial interrogation is imperative for the further progress in the investigation in proper perspective, and therefore, their application deserves to be rejected by vacating the interim relief granted in their favour. 9 As regards applicant no.5-Ravindra @ Bhausaheb s/o Babulal Mahajan, apparently, his name has not been reflected in 7 crap3757.11 the contents of the first information report, and hence, his application does not sustain, and hence, same also deserves to be rejected. 10 In the result, present application lacks merits, and hence, stands dismissed. Interim protection granted in favour of the applicants on 5.9.2011 stands vacated. 11 The above observations are prima facie in nature and shall be restricted to this order only and shall not be used in any other matter while deciding it on merits. 12 The present application stands disposed of finally. (SHRIHARI P. DAVARE), JUDGE. dbm/crap3757.11