Case Note & Summary
The appellant, Yash @ Gotya Pandurang Mane, filed an appeal under Section 14(2) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989, challenging the order dated 30.05.2020 passed by the learned Special Court, Satara, which rejected his bail application in Special Case No. 39 of 2019. The case arose from C.R. No. 157 of 2019 registered at Shahupuri Police Station, Satara, for offences under Sections 302, 504, 506 read with 34 of the Indian Penal Code and Sections 3(2)(v), 3(2)(va) of the Special Act. The appellant was arrested on 15.05.2019 and had been in custody for over one year. The appellant contended that the FIR was lodged with malafide intention, that the offence under Section 3(1) of the Special Act was not made out, and that he was not identified in the identification parade by the eye witness. The appellant also relied on the High Power Committee decision for temporary bail due to the COVID-19 pandemic. The court, after perusing the chargesheet and annexures, noted that there were eye witnesses but one witness, Sumeet Bansode, in his supplementary statement, did not identify the appellant. Considering the lack of identification and the period of incarceration, the court allowed the appeal and granted bail to the appellant on certain conditions.
Headnote
A) Criminal Law - Bail - Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 14(2) - Appellant sought bail for offences under IPC and Special Act - Court considered that appellant was not identified in identification parade and had been in custody for over one year - Held that appellant is entitled to bail on conditions (Paras 2-8).
Issue of Consideration
Whether the appellant is entitled to bail under Section 14(2) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989, given the lack of identification and prolonged custody.
Final Decision
Appeal allowed. The order dated 30.05.2020 passed by the learned Special Court, Satara, is quashed and set aside. The appellant is directed to be released on bail on executing PR bond of Rs. 25,000/- with one or two sureties in the like amount. The appellant shall not tamper with prosecution witnesses and shall attend the trial regularly. The appellant shall furnish his address and contact details to the Investigating Officer and shall not change residence without prior permission. The appellant shall appear before the trial court on the date fixed for trial. The appellant shall not indulge in any criminal activity. The appellant shall not contact the complainant or any witness. The appellant shall cooperate with the trial. The appellant shall not leave India without prior permission. The appellant shall deposit his passport, if any. The appellant shall report to the police station once a month. The appellant shall abide by any other conditions imposed by the trial court.
Law Points
- Bail under Section 14(2) of SC/ST Act
- consideration of identification parade
- long incarceration
- COVID-19 pandemic
