Case Note & Summary
The appellant, Smt. Dharmishtha Bafna, filed a criminal appeal under Section 14-A(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, challenging the order dated 07-02-2019 passed by the learned Sessions Judge, Nandurbar, which rejected her application for pre-arrest bail under Section 438 of the Code of Criminal Procedure, 1973. The appeal arose from Crime No. 22 of 2019 registered at Upnagar Police Station, Nandurbar, for offences under Sections 406, 420, and 506 read with Section 34 of the Indian Penal Code, and Sections 3(1)(f)(r)(s) of the SC/ST Act. The first informant, Devidas Nerkar, alleged that the appellant and her husband, Vinodkumar Bafna, cheated him by executing a sale deed of his land as security for a loan of Rs. 20,00,000, and later alienated the land to a third party. He also alleged that the appellant and her husband used casteist abuses against him in public view. The appellant contended that she was a housewife with no active role in the transactions, and that the allegations were false and motivated. The court, after hearing both sides, observed that the dispute was primarily civil in nature and that the appellant's involvement was not clearly established. The allegations of casteist abuses were vague and lacked specific details. The court held that no prima facie case was made out against the appellant under the SC/ST Act or the IPC, and therefore, she was entitled to pre-arrest bail. The appeal was allowed, and the impugned order was set aside. The appellant was directed to be released on bail on executing a personal bond of Rs. 25,000 with one surety, subject to conditions including attendance at the police station as required and not tampering with evidence.
Headnote
A) Criminal Procedure Code - Pre-arrest Bail - Section 438 CrPC - Anticipatory Bail - The appellant sought pre-arrest bail in a case involving allegations of cheating, criminal breach of trust, intimidation, and casteist abuses under the SC/ST Act. The court considered the nature of allegations and the role of the appellant. Held that where the allegations are primarily against the husband and the appellant's involvement is not clearly established, pre-arrest bail may be granted (Paras 1-10). B) Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 - Prima Facie Case - Sections 3(1)(f)(r)(s) - The FIR alleged casteist abuses in public view. The court examined whether the ingredients of the offences under the Act were prima facie satisfied. Held that the allegations of casteist abuses were vague and not supported by specific details, and the transaction was civil in nature, thus no prima facie case under the Act was made out (Paras 3-8). C) Indian Penal Code - Offences of Cheating and Criminal Breach of Trust - Sections 406, 420, 506 IPC - The dispute arose from a money transaction and sale deed executed as security. The court noted that the matter was essentially civil in nature and the appellant's role was limited. Held that the ingredients of criminal breach of trust and cheating were not prima facie established against the appellant (Paras 3-6).
Issue of Consideration
Whether the appellant is entitled to pre-arrest bail under Section 438 CrPC when the FIR alleges offences under the SC/ST Act and IPC, and whether a prima facie case for such offences is made out against her.
Final Decision
The appeal is allowed. The impugned order dated 07-02-2019 passed by the learned Sessions Judge, Nandurbar, in Criminal Bail Application No. 41 of 2019 is set aside. The appellant is directed to be released on pre-arrest bail on executing a personal bond of Rs. 25,000 with one surety of the like amount, subject to conditions including attendance at the police station as required and not tampering with evidence.
Law Points
- Pre-arrest bail under Section 438 CrPC
- Prima facie case
- Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act
- 1989
- Section 14-A(2) of the Act
- Offences under Sections 406
- 420
- 506 IPC
- Casteist abuses in public view
