Case Note & Summary
The appellant, Pratik Satish Lokhande, filed an appeal under Section 14A of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (SC/ST Act) against the order of the Special Judge, Pune, rejecting his bail application (Exhibit 27) in connection with CR No. 896 of 2021 registered at Wakad Police Station, Pune. The FIR alleged offences under Sections 307, 326, 504, 506 read with 34 of the Indian Penal Code; Sections 4 and 25 of the Arms Act, 1959; Sections 37(1) and 135 of the Maharashtra Police Act, 1951; Sections 3(1)(r) and 3(1)(s) of the SC/ST Act; and Section 7(1) of the Protection of Civil Rights Act. The incident occurred on 18 October 2021 when the complainant, Mayur Bharat Jadhav, was outside Gomantak Hotel with friends. According to the complainant, Sumit Bhumkar (Accused No. 1) arrived with a koyta, the appellant with a knife, and an unknown person with a hammer. The appellant allegedly held the complainant and inflicted knife blows, while Sumit Bhumkar attempted to assault with a koyta and later thrust a knife into the complainant's abdomen. Sumit Bhumkar also allegedly uttered casteist abuses. The appellant's counsel argued that no casteist abuses were attributed to the appellant, and the role attributed was only of assault with a knife. The court observed that the complainant's statement did not attribute any casteist abuses to the appellant, and there was no material to show that the appellant intended to humiliate the complainant on caste grounds. The court held that no prima facie case under the SC/ST Act was made out against the appellant, and the bar under Section 18 of the Act was not attracted. Consequently, the court allowed the appeal, set aside the impugned order, and directed the appellant's release on bail on certain conditions.
Headnote
A) Criminal Law - Bail - Section 14A SC/ST Act - Prima Facie Case - Appellant alleged to have assaulted complainant with knife but no casteist abuses attributed to him - Co-accused allegedly uttered casteist abuses - Held that there is no prima facie case against appellant under SC/ST Act as there is no material to show that appellant intended to humiliate complainant on caste basis (Paras 7-8). B) Criminal Law - Bail - Section 14A SC/ST Act - Bar under Section 18 - Applicability - Bar under Section 18 of SC/ST Act applies only if prima facie case exists - Since no prima facie case made out against appellant, bar not attracted - Held that appellant is entitled to bail (Paras 7-8).
Issue of Consideration
Whether the appellant is entitled to bail under Section 14A of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, considering the allegations of assault and casteist abuses.
Final Decision
Appeal allowed. Impugned order dated 20th September 2022 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 14A of SC/ST Act
- Prima facie case
- Intent to humiliate on caste basis
- Role of accused
- Casteist abuses
