IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRI.APPLICATION NO.4582 OF 2008 CRI.APPLICATION NO.4582 OF 2008 CRI.APPLICATION NO.4582 OF 2008 1.Shri Madhusudan @ Sunny Hakimrai Arora, 2.Shri Vikram Hakimrai Arora, Applicants Vs The State of Maharashtra, Respondent. Mr S.P.Kadam & J.B.Choudhari, for the applicants. Mr H.J.Dedhiya, APP, for the respondent. CORAM : D.B.BHOSALE,J. CORAM : D.B.BHOSALE,J. CORAM : D.B.BHOSALE,J. DATE : 18/12/2008 DATE : 18/12/2008 DATE : 18/12/2008 PC: PC: PC: 1. Heard Mr.Kadam, learned counsel for the applicants and Mr.Dedhiya, learned APP, for the State. 2. The applicants are seeking anticipatory bail in C.R.No.II-58 of 2008 of Manpada police station, Dist.Thane. The said crime has been registered against the applicants and four others for having allegedly committed an offence punishable under sections 3(1)(x) of S.C. S.T. Act, 7(1)(3) of Civil Right Protection Act and 302, 504 read with 34 of IPC. 3. I have perused the complaint. The complainant belongs to Scheduled Caste. From the complaint, it appears that three incidents occurred in which all the accused allegedly abused the complainant. Insofar as the applicants are concerned, they were involved in only the first incident that occurred on 28.8.2008 at 7 pm. It is alleged that the applicants with other co-accused, namely, Kishor Yeshwant Rao and Sandesh Prabhu abused the complainant and assaulted him with fist blow. Thereafter, on the very same day at 11.30, the co-accused, Kishor Yashwant Rao, Janabai and Prakash allegedly abused the complainant on his caste. Thereafter, on 28.9.2008, Abhishek Nayak, Prakash and Yeshwant Rao abused the complainant on caste. Insofar as the second and third incidents are concerned, the applicants were not present and they have not been named by the complainant as the persons abused him on caste. As far as the first incident is concerned, the complainant has not alleged that the applicants or the co-accused-Kishor Yeshwant Rao and Sandesh Prabhu abused the complainant on caste. In these facts and circumstances of the case, Mr Kadam, learned counsel for the applicants, submitted that the applicants did not abuse the complainant on caste and, therefore, the provisions of Atrocities Act and the Civil Right ProtectionAct are not attracted asfor as applicants are concerned. Having considered overall facts and circumstances of the case, I am inclined to grant this application for anticipatory bail. Hence, the following order. . In the event of arrest, the applicants be released on bail in the sum of Rs.20,000/- each with one or two sureties in the like amount, subject to condition that they shall report to the concerned police station on every Saturday between 7 and 8 pm for a period of 90 days from today or till filing of the chargesheet, whichever is earlier. . While passing this order I shall not be understood to have expressed any opinion on merits of the case and the trial Court shall deal with the case without being influenced by the observations made in this order. (D.B.BHOSALE, J.) (D.B.BHOSALE, J.) (D.B.BHOSALE, J.)