1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 1423 OF 2008 Jalindar Namdeo Mohite & Ors. ... Applicants. Versus State of Maharashtra & Anr. ... Respondents. Mr. Umesh Mankapure for the Applicants. Mr. S. R. Shinde, APP for the Respondents. CORAM : V. C. DAGA, J. DATED : 4TH JUNE, 2008. P.C.: Heard learned Counsel for the applicants and the learned A. P. P. for the State. Perused application and impugned order. 2. Learned Counsel appearing for the applicants submits that the issue as to whether or not the F.I.R. fulfills the essential ingredients of section 3 (1)(10) of the Atrocities Act, 1989 has not been considered by the Trial Court. He further submits that the learned Additional Sessions Judge ought to have considered that the F.I.R. does not mention the caste of the complainant hence the provisions of the Atrocities Act are not applicable. It was expected of the learned Additional Sessions Judge to deal with this aspect of the matter. He submits that these were relevant factors for 2 deciding bail application, which were ignored by the courts below. 3. Learned A.P.P. faced with the aforesaid arguments submitted that the impugned order be set aside by consent of parties without examining merits or demerits thereof and matter be remitted back to the learned Additional Sessions Judge for consideration afresh with direction to prima facie deal with each and every part of the submissions in the matter. 3. In this view of the matter, the impugned order is set aside by consent of parties. Matter is remitted back to the learned Additional Sessions Judge, Sangli, with a direction to decide the application on its own merits within one week from the date of the receipt of this order. Needles to mention so long the application is not decided, the order dated 17th April, 2008 passed by this Court will hold the field. 4. Both the parties are directed to appear before the learned Additional Sessions Judge, Sangli, on 16th June, 2008. 7. With the above direction, the present application is disposed of. 8. All concerned to act on the authenticated copy of this order. Sd/- (V. C. DAGA, J.)