Nagpur: After observing that it is well settled that mere reference to name of caste is not sufficient to attract the provisions of SC and ST (Prevention of Atrocities) Act, 1989, Justice Urmila Joshi-Phalke, at the Nagpur Bench of Bombay High Court here, has pointed out that as far as bar against grant of bail under section 18A of the 1989 Act is concerned, which is attracted when no prima facie case is made out against the applicant-appellant Harish Mohan Gwalbanshi and thought it fit to grant pre-arrest bail to him in the event of his arrest by Gittikhadan Police for the offences registered under various sections of the 1989 Act and the IPC with routine conditions.
Through this appeal the accused has challenged the order of rejection of application for pre-arrest bail by the Special judge, Additional Sessions Judge-8, Nagpur, on April 18 last. The HC has directed the concerned Police Station to release the appellant subject to him executing a PR Bond in the sum of Rs 25,000 with one solvent surety in like amount.
The accusation against the applicant is on the basis of a report lodged by the informant alleging that his father Gajraj Uikey and his uncle Anandrao are owners of the 1.31 Ha land in Hazaripahad. The said land is located between New Katol Naka and Wadi Road and informants are in possession of the same. Due to construction of the North-South ring road, the said land is divided into East and West sides.
As per the order passed by the Tehsildar on December 17, 2021, the informants are declared as owners of the said land. The appellant and his associates illegally encroached upon the west side of the said land ad measuring 4.000 sq feet and built shops and tea stall and hotel and have taken illegal water and electric connections. On making the query, the informant was abused and insulted in public by the appellant. The Court has issued notice to the respondents for appearance after two weeks.
Advocate S P Bodalkar appeared for the appellant accused. APP H Dhumale represented the respondent State.
