Case Note & Summary
The State of Maharashtra appealed against the order of the Additional Sessions Judge, Jalgaon granting bail to the respondent, Sumit Kishor Shastri (Joshi), in Special Atrocity Case No. 6/2019. The respondent was charged under Sections 302, 201, 363, 364, 341, 120-B of the Indian Penal Code and Section 3(2)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. The prosecution alleged that in 2018, some boys from the Matang community (a scheduled caste) entered a well for swimming, and were stripped, paraded naked, and beaten by the respondent and others. The well was in the land of the respondent's mother. The deceased, an activist from the same community, publicized the incident and sought action against Ishwar, the respondent's cousin. Ishwar was arrested and jailed. The prosecution claimed that the respondent became angry due to Ishwar's arrest and conspired to murder the deceased. The respondent was not named in the FIR and was not present at the scene of the incident. The trial court granted bail, noting that the respondent's role was limited to being the owner of the well and a cousin of the main accused. The High Court upheld the bail, finding no prima facie case against the respondent under the SC/ST Act or for murder, as there was no direct evidence of his involvement in the conspiracy or the actual crime. The court emphasized that the respondent was not present at the scene, no recovery was made from him, and the motive alone was insufficient to deny bail. The appeal was dismissed.
Headnote
A) Criminal Procedure Code - Bail - Section 439 CrPC - Grant of Bail - Accused not named in FIR and not present at scene of incident - Held that bail can be granted when there is no prima facie evidence of direct involvement, and the accused's role is limited to being owner of well and cousin of main accused (Paras 4-6). B) Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 - Section 3(2)(v) - Prima Facie Case - Absence of direct evidence of caste-based insult or murder - Held that mere ownership of well and relationship with main accused does not constitute prima facie case under the Act (Paras 4-6). C) Indian Penal Code, 1860 - Sections 302, 201, 363, 364, 341, 120-B - Conspiracy - Motive - Accused not present at scene and no recovery from him - Held that motive alone, without other evidence, is insufficient to deny bail (Paras 4-6).
Issue of Consideration
Whether the respondent accused is entitled to bail under Section 439 of the Code of Criminal Procedure, 1973, considering the allegations under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 and the Indian Penal Code.
Final Decision
The appeal is dismissed. The order granting bail to the respondent is upheld.
Law Points
- Bail
- Section 439 CrPC
- Section 3(2)(v) SC/ST Act
- Prima facie case
- Role of accused
- Motive
- Conspiracy
