1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD 4. CRIMINAL APPLN/5084/2010 (JANARDAN V/S THE STATE OF MAH) -------------------------------------------------- Office notes, office Memoranda of Court’s or Coram,appearances, Court’s orders Judge’s or directions and Registrar’s orders Orders Mr. S.B.Deshpande, Adv., for the applicant. Mr. V.H.Dighe, APP for State. ... CORAM: K.U.CHANDIWAL, J. DATE: 7/1/2011 1. Heard learned Counsel extensively. The applicants suffer accusations of abusing the complainant on his caste and faced prosecution for an offense for infraction of Section 3(1)(x) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act and also Sections 341, 294, 504, 506 read with Section 34 of IPC, giving rise to Crime No. 122/2010. 2. Considering the nature of accusations against the accused applicant and having referred the incident to be witnessed by three persons, I do not see any reason to entertain pre-arrest bail 2 application of the accused/applicant Janardhan s/o Bhagaji Salunke. Though he has said that no such incident has taken place and only in order to teach a lesson to the accused/applicant, the second complaint is moved. However, at this stage, the custodial interrogation of the accused applicant could be a paramount aspect. That apart, the inhibition in terms of Section 18 of the S.C. and S.T. (Prevention of Atrocities) Act also comes into play. 3. So far as accused/applicant Pushpabai w/o Janardan Solunke is concerned, I do not see any active participation in either instigating, harassing or attributing anything against the complainant in the name of his caste. Her custodial interrogation is not warranted. Hence order: ORDER (a) Application of Janardan Bhagaji Solunke is rejected. 3 (b) Application of Pushpabai w/o Janardan Solunke is allowed. In the event of arrest in Crime No. 122/2010, registered at Bhokardan Police Station, she be released on her furnishing P.R. bond and surety in the sum of Rs.1,000/- (Rs. one thousand). The accused/applicant shall attend the investigator if so summoned specifically in writing. (K.U.CHANDIWAL) JUDGE ... AGP/5084-10crapl