Case Note & Summary
The appellant, Ganesh Bhimrav Padalkar, filed a criminal appeal under Section 14-A of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, challenging the rejection of his bail application by the Additional Sessions Judge-2, Baramati, Pune, in Sessions Case No. 66 of 2023. The appellant was arrested in connection with CR No. 497 of 2022 registered at Walchand Nagar Police Station, Pune Rural, for alleged offences under Sections 307, 504, 506 read with Section 34 of the Indian Penal Code, Sections 3(1)(r) and 3(1)(s) of the SC/ST Act, and Sections 3 and 25 of the Arms Act, 1959. The incident occurred on 9th November 2022 at about 8:20 pm at Ambedkar Garden, where the first informant, Suyash @Tatya Somnath Ghodke, alleged that he and his friends heard gunshots and saw persons including Suraj Dadaso Waghmode and Gajanan Kisan Rajput firing. The FIR was lodged on 10th November 2022, but the appellant was not named in it. The appellant's name appeared only in a supplementary statement recorded on 5th January 2023, two months later, where the first informant claimed that the appellant had fired in the direction of Mayur. However, Mayur's statement recorded on 12th November 2022 did not mention the appellant's name or presence. The court considered that the appellant was not named in the FIR or in Mayur's statement, and his name surfaced belatedly in the supplementary statement. The court held that there was no prima facie case against the appellant and that the bar under Section 18 of the SC/ST Act did not apply. The court allowed the appeal, set aside the impugned order, and directed the appellant's release on bail on executing a PR bond of Rs. 25,000 with one or two sureties. The appellant was also directed to attend the trial regularly and not tamper with evidence.
Headnote
A) Criminal Law - Bail - Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 - Section 14-A - Prima Facie Case - The appellant sought bail under Section 14-A of the SC/ST Act for offences under Sections 307, 504, 506 read with 34 IPC, Sections 3(1)(r) and 3(1)(s) of the SC/ST Act, and Sections 3 and 25 of the Arms Act. The court held that since the appellant's name was not mentioned in the FIR or in the statement of the person he allegedly fired at, but only in a supplementary statement after two months, there was no prima facie case against him. The court allowed the appeal and granted bail. (Paras 3-8) B) Criminal Law - Bail - Delay in Naming Accused - Supplementary Statement - The first informant did not name the appellant in the FIR lodged on 10th November 2022. The appellant's name surfaced only in a supplementary statement recorded on 5th January 2023, after two months. The court considered this delay as a factor indicating lack of prima facie case and granted bail. (Paras 4-6)
Issue of Consideration
Whether the appellant is entitled to bail under Section 14-A of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, when his name surfaced only in a supplementary statement after two months and the alleged victim did not name him in the initial FIR or in the statement of the person he allegedly fired at.
Final Decision
Appeal allowed. Impugned order dated 16th March 2023 set aside. Appellant directed to be released on bail on executing PR bond of Rs. 25,000 with one or two sureties. Appellant to attend trial regularly and not tamper with evidence.
Law Points
- Bail under Section 14-A of SC/ST Act
- Prima facie case
- Delay in naming accused
- Supplementary statement
- Section 307 IPC
- Section 3(1)(r) and 3(1)(s) of SC/ST Act
