1 CR.APL NO.1093/2011 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD 902. APPLN/1093/2011 BALASAHEB @ PRAVINKUMAR BANSILAL NAHATA [Criminal] AND ANR V/S THE STATE OF MAH AND ANR -------------------------------------------------- Office notes, office Memoranda of Court’s or Coram,appearances, Court’s orders Judge’s or directions and Registrar’s orders Orders Mr. V.D.Sapkal, Adv., for the applicant. Mr. V.H.Dighe, APP for State. Mr.Sandeep Deshmukh, Adv., for R.No.3. ... CORAM: K.U.CHANDIWAL, J. DATE:31/3/2011 1. Heard. The matter was substantially argued on 23rd March, 2011. A statement was made by the learned Counsel for the applicant, reflected in paragraph no.19 that, a Constable Mandlik was a Guard on 8th March, 2011, throughout the day with the applicant no.1. The theory of applicant was, between the time referred in the FIR, the applicant was already busy in a press conference held between 1.45 p.m. to 3.30 p.m., supported by affidavits of such eight journalists. 2. Owing to above situation, learned 2 CR.APL NO.1093/2011 A.P.P. desired to take instructions from the investigator. Accordingly, he informs, the investigator has recorded statement of Constable Mandlik and at least five journalists and press reporters, attended the meeting/conference on 8th March, 2011. 3. Based on the above details, learned A.P.P. submits that no events, as has been projected by the original complainant, of abusing him in the name of his caste or manhandling has taken place. Mr. Deshmukh, learned Counsel, representing original complainant has left the matter to the Court. 4. Taking survey of events as reflected in the FIR and in the petition, coupled with statements of various witnesses, it is primarily indicative that a politically motivated FIR is lodged to ensure that the applicants are roped in, in a serious offense concerning infraction of Section 3(1)(x) of Scheduled Castes and Scheduled Tribes ( Prevention of Atrocities) Act. 3 CR.APL NO.1093/2011 The miseries in the matter are, a person from the opposite group had, in past also, booked applicant no.1 on the identical accusations but for different events, and the said matter was compounded before this Court in Criminal Writ Petition No.316/2010 on 26th March, 2010. 5. Considering these aspects, the accused/applicants deserve pre-arrest bail as no offense for infraction of above referred provisions of Atrocities Act has taken place. In the event of arrest of accused/applicants in Crime No. 57/2011, registered in Shrigonda Police Station on 9.3.2011, the accused/applicants be released on bail on each furnishing P.R. bond and surety in the sum of Rs.10,000/- ( Rs. ten thousand). If earlier surety is furnished, the same may be continued. Application allowed in above terms. (K.U.CHANDIWAL) JUDGE ... AGP/1093-11crapl