1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.718 OF 2010 Gajanan S/o.Ramrao Kute, Age-40 years, Occu-Vice President, Nagnath D.Ed. College, R/o.Aundha Nagnath, Dist. Hingoli APPLICANT VERSUS The State of Maharashtra, Through Police Station, Aundha Nagnath District Hingoli RESPONDENT Mr.B.R.Jaybhay, learned counsel for applicant. Mr.B.J.Sonwane, learned APP for respondent State. (CORAM : A.V.POTDAR, J.) DATE : 09/03/2010 PER COURT : 1. By the present application, the applicant has approached this Court for his release on anticipatory bail in connection with CR No. 3019/2009, registered in Aundha-Nagnath Police Station of Dist. Hingoli for the alleged offence punishable u/s. 504, 506 of IPC and Section 3(1)(10) of SC/ST (Prevention of Atrocity Act). 2. Heard learned counsel for applicant and learned APP for State. By my order dated 26/02/2010, interim protection is granted to the 2 applicant to release him on bail in the event of his arrest. 3. Perusal of papers of investigation clearly indicate two facts that the alleged incident took place in the office-cum-chamber of Principal of the said Institution, where easy entry is not available to all. Second, there is delay in lodging FIR, which is not explained in the complaint itself. In the premise, whether the alleged utterance in the caste at the hands of present applicant, is a public view or not, is a debatable question and if it is so, case is made out to exercise the discretion u/s. 438 of The Cr.P.C. Hence order - O R D E R 1. Application is allowed. 2. Interim protection granted on 26/02/2010 is confirmed till filing of the charge sheet. 3. Application stands disposed of accordingly. (A.V.POTDAR, J.) khs/MAR 2010/cri.appl.718-10