Sohel Ali Aijaz Ali vs The State Of Maharashtra Thr Pso., … on 15 July, 2026

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    Bombay High Court

    Sohel Ali Aijaz Ali vs The State Of Maharashtra Thr Pso., … on 15 July, 2026

    2026:BHC-NAG:9062
    
    
                                                                                                                                apeal255.2026.odt
                                                                          1
               IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                         NAGPUR BENCH, NAGPUR.
    
                                  CRIMINAL APPEAL NO. 255 OF 2026
    
    
                  APPELLANT                               :-            Sohel Ali Aijaz Ali,
                                                                        Age -34 years, Occu: Service,
                                                                        R/o Fatakpura, Khamgaon,
                                                                        Tq. Khamgaon, District Buldhana.
    
                                                                                                   ..VERSUS..
    
                  RESPONDENTS                             :- 1)           The State of Maharashtra, through
                                                                        P.S.O. Shegaon City, Tq. Shegaon
                                                                        District Buldhana.
                                                                2)      Prarkash Laxman Tayade,
                                                                        Aged 65 years, Occu: Retired, R/o
                                                                        Gaulkhed      Road,   Behind Hotel
                                                                        Sharnam, Shegaon, Tq. Shegaon,
                                                                        District Buldhana, Mob.
                                                                        No. 8830037317.
                  ------------------------------------------------------------------------------------------------------------------------
                          Mr. V.B. Bhise, counsel for appellant.
                          Mr. S.C. Joshi, APP for respondent No.1/State.
                          Mr. Hariom V. Dhage, counsel for respondent No.2..
                  ---------------------------------------------------------------------------------------------------
    
    
                        CORAM                                          : Y.G. KHOBRAGADE J.
                        DATE                                           : 15/07/2026
    
                        ORAL JUDGMENT :

    1. Heard.

    2. Admit.

    SPONSORED

    apeal255.2026.odt
    2

    3. By the present appeal filed under Section 14(A) of the

    Scheduled Caste and Scheduled Tribes (Prevention of Atrocities)

    Act, 1989, (for short ‘the Act of 1989), the appellant takes

    exception to the order dated 18/05/2026 passed by the learned

    Additional Sessions Judge, Khamgaon, in Anticipatory Bail

    Application No.168 of 2026, thereby refused to enlarge the

    appellant/accused on anticipatory bail in connection with Crime

    No. 261 of 2026 registered with Shegaon City Police Station,

    District Buldhana, for the offences punishable under Section 296,

    351(2) of the Bharatiya Nyaya Sanhita, 2023, read with Section

    3(1)(r), 3(1)(s), and 3(2)(va) of the Scheduled Castes and

    Scheduled Tribe (Prevention of Atrocity) Act, 1989. The appellant

    has further prayed for enlarging on anticipatory bail in connection

    with said crime during pendency of the trial.

    4. Having regard to the submissions canvassed on behalf of

    the appellant, respondent No.1/State, and respondent No.2 /

    informant, I have carefully gone through the record. It reveals that

    on 24/04/2026, respondent No.2/informant lodged a report at

    Shegaon Police Station alleging that on 15/04/2026, one Sheikh

    Akbar Sheikh Imam had called him at furniture shop situated at

    Watika square. Accordingly, the informant visited the said place. At

    that time, the present appellant/accused, his younger brother,
    apeal255.2026.odt
    3
    parents, and his sister-in-law were present. So also, one Rehman

    Sir, the informant along with Shekh Akbar were also present.

    5. It is alleged that at that time, Shekh Akbar had told the

    present appellant to treat his daughter properly and to discontinue

    his alleged illicit relationship with his sister-in-law ( his brother’s

    wife). At that time, Mr. Sheikh Akbar had played the conversation

    recorded in his mobile between the present appellant/accused and

    his sister-in-law. Upon hearing the recording, the present

    appellant/accused allegedly became enraged and, in front of the

    furniture shop and in the presence of the persons assembled there,

    arrogantly abused the informant in his caste by saying that :- ” ge

    eqlyeku gS | rq gekjs fcp eSa cksydj eknjpksni.kk er dj] rqe paHkkMks dh

    vkSjrs Hkh nqljs vkneh ds ikl tkrh] esjsdks rqe fl[kkvks er] rsjh vkSdkr tqrs

    lkQ dj.ks rd gS paHkkYMs vls cksywu R;kus eyk v’yhy] xfyPN o tkrhokpd

    f’kohxkG dsyh o /kedkoys] rlsp R;kus eyk /kedkowu lkafxrys dh] eS] rqedks ns[k

    yqaxk | eh paHkkj lektkpk vlY;kph lksgsy vyh ,tkt vyh ;kl iw.kZ ekfgrh

    vlrkaukgh R;kus eyk okVhdk pkSdkrhy jksMoj tkrhokpd f’kohxkG d#u viekuhr

    dsys”

    6. Learned counsel appearing for the appellant canvassed

    that some matrimonial dispute exists between the appellant and

    his wife. It is further submitted that the appellant had not abused

    the informant within public view. Therefore, the ingredients of the
    apeal255.2026.odt
    4
    offence under Section 3(1)(r) and 3(1)(s) of the Act, 1989 does

    not attracted. Hence, no bar is created under Section 18 of the Act

    of 1989 would not operate.

    7. In support of his submission, learned counsel appearing

    for the appellant placed reliance in the case of Dharmendra s/o

    Baliram Soni Vs State of Maharashtra and another [ 2022 (4)

    Mh.L.J. (Cri.) 612], wherein this Court held in para Nos. 11 to 14

    as under :-

    “11. We may now, deal with the judicial
    pronouncements directly on the issue cited by the
    learned Advocate for the applicant. In the case of Dr.
    Manali w/o Makrand Kshirsagar and another Vs. State
    of Maharashtra and another
    , 2020 (3)Mh.L.J. (Cri.)
    127=2020 All MR (Cri) 945, it is held that the acts
    contemplated namely the insult or intimidation must
    occur in any place within public view. It is further held
    that the presence of this ingredient would be absolutely
    necessary to constitute an offence under the said
    provision of law. If the complaint discloses absence of
    the ingredient, the same could not be sufficient to
    accuse the person of having committed an offence under
    this section.

    12. While deciding the case of Dr. Manali (supra)
    the Division Bench has considered the law laid down by
    Division Bench in the case of Pradnya Pradeep Kenkare
    and another Vs. State of Maharashtra
    reported in 2005
    (3) Mh.L.J. 368. The relevant observations directly on
    the point can be found from paragraph 8 of the
    decision. We deem it appropriate to reproduce
    paragraph No.8 of the said judgment.

    It reads thus:-

    “8. However, the learned Advocate is justified in
    apeal255.2026.odt
    5
    contending that the complaint nowhere discloses that
    the said expression was used in public view. In fact, the
    contents of the FIR nowhere disclose that the said
    expression was communicated to the complainant either
    in the place accessible to the public or in the presence of
    the public. It is nowhere stated by the complainant that
    at the time when the said statement was made by the
    petitioner No.2, i.e. on 15th August, 2004 at 9:30 a.m.,
    there was any stranger to witness the said incident. The
    provisions of section 3(1)(x) of the said Act would be
    attracted only in case of insulting or intimidating a
    member of the scheduled caste in any place within a
    public view. The expression “in any place within public
    view” has specific meaning. It does not mean that every
    allegation made in a public place that itself would
    amount to an offence under the said Act. The expression
    “public view” has been prefixed by the preposition
    “within” which in fact follows the expression “in any
    place”. In other words, the expression relating to the
    location of the alleged offence is qualified by the
    requirement of being “within public view”. The act of
    insult or intimidation must be visible and audible to the
    public in order to constitute such act to be an offence
    under section 3(1)(x) of the said Act. In the provision of
    law comprised under section 3(1) (x) of the said Act,
    the word “view” refers to that of ‘public’ but prefixed by
    the expression “in any place within”. Being so, the word
    “public” not only relates to the location defined by the
    word “place” but also to the subjects witnessing the
    incidence of insult or intimidation to the member of
    scheduled caste or tribe. Therefore, the incidence of
    insult or intimidation has to occur in a place accessible
    to and in the presence of the public. The presence of
    both these ingredients would be absolutely necessary to
    constitute an offence under the said provision of law.
    The complaint disclosing absence of both or even any
    one of those ingredients would not be sufficient to
    accuse the person of having committed an offence under
    Section 3(1)(x) of the said Act.”

    13. It is to be noted that the facts of the case of
    Pradnya (supra) are similar to the facts of this case. In
    the case of Pradnya, the offence alleged was committed
    in the cabin of the Principal of college and the Principal
    apeal255.2026.odt
    6
    alone was present with the informant in the cabin. In
    our view, the proposition in the judgments cited supra
    has settled the legal position.
    The decisions in the case
    of Dr. Manali and Pradnya (supra) was followed by the
    Division Bench of this Court in the case of Avakash s/o
    Sudhakarrao Ingole Vs. State of Maharashtra and
    another reported in 2022(3) Mh.L.J. (Cri.)17 = 2021
    ALL MR (Cri) 3435 to which one of us (G.A. Sanap) was
    a member.
    The Hon’ble Supreme Court in the case of
    Hitesh Verma Vs. State of Uttarakhand and another,
    2020 Mh.L.J Online (Cri) (S.C.) 41 = (2020) 10 SCC
    710, had an occasioned to consider the provisions of
    Section 3(1)(r) and (s) of the SC ST Act. It is held in
    this case that the basic ingredients that the words
    uttered in any place within public view must be
    established. It is held that if this ingredient is not
    satisfied then the offence under Section 3(1)(r) and (s)
    would not get attracted.

    14. We have already stated the relevant facts and
    the material collected during the course of investigation.
    In this case except the informant/respondent No.2 there
    is no independent witness to the incident. The incident
    according to the prosecution occurred inside the cabin.
    It therefore, goes without saying that this basic
    ingredient of the occurrence of the atrocities as
    contemplated under Section 3(1) (r) and (s) in any
    place within public view has not been made out. The
    solitary statement of the informant-respondent No.2 if
    appreciated in the backdrop of the law laid down in the
    judgment cited supra, would show that the offences
    alleged to have been committed by the applicant /
    accused have not been made out. In order to consider
    the submissions and to apply the provisions of law and
    the law laid down in the judicial pronouncements, we
    have undertaken the exercise of a prima-facie
    consideration of the material on record. The material,
    on prima-facie consideration does not make out the
    offence. The continuation of prosecution, in view of the
    above observation, would be miscarriage of a justice.
    Therefore, the prosecution deserves to be quashed.
    Hence following order:-

    ORDER
    apeal255.2026.odt
    7
    (A) Criminal Application is allowed in terms of
    prayer clause (i) which reads thus:-

    “quash and set aside the FIR No.174/2020, Dt.
    17/03/2020 registered with Non-applicant No.1 Police
    Station, Dharni, Tq. Dharni, Dist. Amravati for the
    offence punishable under sections 504 and 506 of the
    Indian Penal Code and Section 3(1)(r),(s) of the SC and
    ST (Prevention of Atrocities) Act, 1989.

    Application allowed.”

    8. It is further relied in the case of Afshamaskar Laikhkan

    Pathan @ Afsha Firdos Ujede and others Vs State of Maharashtra

    and another [2025 (2) Mh.L.J. (Cri.) 300] , wherein the Division

    Bench of this Court (Aurangabad Bench) observed in para-23 as

    under :-

    “23. Prima facie, the presence of accused Nos. 1 to
    4 at the spot of the incident at the alleged time of the
    offence cannot be ruled out at this stage in the light of
    allegations made in the First Information Report which
    is supported by their CDRs. Respondent No.2 has
    alleged in the First Information Report itself that
    applicant Nos. 1 to 4 had also abused her by making
    casteist remarks while beating her. Although some
    improvements have been made in the statement
    recorded under section 161 of the Code of Criminal
    Procedure dated 04.08.2022, we find that the
    allegation that casteist, abuses were hurled at
    respondent No.2 find place in the First Information
    Report although, they are lacking in particulars. The
    question that falls for consideration is whether these
    alleged acts on the part of applicant Nos. 1 to 4 will
    attract the rigors of section 3(1)(r) and 3(1)(s) of the
    Atrocities Act. Section 3(1)(r) is attracted when a
    member of scheduled caste is intentionally insulted or
    intimidated with an intention to humiliate him/her in
    any place within ‘public view’. Likewise Section 3(1)(s)
    is attracted when a member of Scheduled Caste or
    apeal255.2026.odt
    8
    Scheduled Tribe is abused by the name of caste in any
    place within a ‘ public view’. Perusal of the said
    provisions would indicate that mere insult or
    intimidation with a view to humiliate or hurling abuses
    in the name of caste will not constitute an offence
    under the said provisions. The offence under the said
    provisions will be made out only if such act of insult/
    intimidation with a view to humiliate and/ or abuse in
    the name of caste is in public view. It will be pertinent
    to mention here that the incident need not be in a
    public place. It has to be in public view.”

    9. Per contra, the learned APP canvassed that, as per the

    contents of the FIR, the incident occurred in broad daylight at

    about 1.30 p.m. in front of the Apana Furniture Shop, near Watika

    Shopa at Shegaon. It is alleged that the appellant/accused

    intentionally abused the respondent No.2/informant by uttering

    his caste in public view. The applicant is well aware that,

    informant belongs to Scheduled Caste, as both of them are known

    to each other since last more than two years. Therefore, as per the

    provisions of Section 18 of the Act of 1989, the bar is created for

    enlarging appellant/accused on anticipatory bail. Hence, the

    learned APP prayed for rejection of the appeal.

    10. Learned counsel for the appearing for respondent No.2

    supported the argument canvassed on behalf of the prosecution.

    11. Needless to say that, while dealing with the appeal for

    anticipatory bail in respect of the offences punishable under
    apeal255.2026.odt
    9
    Section 3(1)(r) and 3(1)(s) of Act of 1989, it is necessary to

    ascertain about occurrence of the incident of casteist. It is well

    settled principle of law that, if the incident of casteist is occurred

    within the public view, in that event, as per the provision of

    Section 18 of the Act of 1989 bar is created to enlarge the accused

    on anticipatory bail.

    12. In case of Kiran Vs Rajkumar Jivraj Jain and another

    [2025 SCC OnLine SC 1886], the Hon’ble Supreme Court of India

    held that where the incident had taken place outside the house of

    the appellant, which could be seen by any member of the public, it

    was a place within public view. There is no gainsay that in the facts

    of the case, all the ingredients necessary to prima-facie constitute

    the offences punishable under Section 3 of Act of 1989, as alleged

    in the FIR, stood satisfied. The Hon’ble Supreme Court of India

    has observed in para-8 and 9 as under :-

    8. In the present case, as noted above, the incident
    took place outside the house of the appellant which
    could be viewed by anybody. It was indeed a place
    within public view. There is no gainsaying that in the
    facts of the case all ingredients necessary to prima facie
    constitute offences under Section 3 of the Scheduled
    Caste and Scheduled Tribe Act, 1989 as alleged in the
    FIR stood satisfied. Furthermore, the occurrence of
    incident was fortified by recovery of clothes and
    weapons.

    9. In the above view, there is no escape from the
    apeal255.2026.odt
    10
    conclusion that offence under the Scheduled Caste and
    Scheduled Tribe (Prevention of Atrocities) Act, 1989 is
    made out from the bare reading of the FIR. The High
    Court in proceeding to evaluate the testimony of
    witnesses and to opine on that basis that there were
    certain discrepancies, no offence was made out,
    committed a manifest error. The anticipatory bail
    granted by overlooking of and disregarding the bar of
    Section 18 of the Act was a clear illegality and
    jurisdictional error committed by the High Court. The
    order of the High Court could not be sustained in the
    eye of law.

    13. In the case of Afshamaskar Laikhkan Pathan @ Afsha

    Firods Ujede and others (supra), the Division Bench of this Court

    at Aurangabad Bench, while dealing with proceedings seeking

    quashing of the FIR, held that where the acts alleged against the

    accused are committed in a place within public view with an

    intention to insult or intimidate a person belonging to a Scheduled

    Caste or Scheduled Tribe on the basis of his or her caste, the

    provisions of the Scheduled Castes and the Scheduled Tribes

    (Prevention of Atrocities) Act, 1989 would be attracted.

    14. In the present case, as per the contents of the FIR, the

    present appellant/accused abused respondent No.2 by uttering his

    caste name in front of a furniture shop situated near Watika

    Square, Shegaon, in the presence of other persons. The FIR further

    speaks that the respondent No.2 was abused in his caste and

    issued the life threat. Therefore, considering the law laid down in
    apeal255.2026.odt
    11
    the case of Kiran (supra), the bar under Section 18 of the Act of

    1989 it creates to enlarge the appellant/accused on anticipatory

    bail.

    15. A perusal of the statements of the witnesses recorded

    under Section 161 of the Code of Criminal Procedure reveals that

    the appellant/accused allegedly abused respondent No. 2 by

    uttering his caste name in a place within public view. These

    statements shows prima facie support to the allegations made in

    the First Information Report.

    16. It is pertinent to note that, by order dated 27/05/2026,

    while issuing notice, this Court had granted ad interim protection

    to the appellant by way of anticipatory bail, subject to certain

    terms and conditions. Since the provisions of Section 18 of the Act

    of 1989 creates a bar as appellant/accused allegedly abused the

    respondent No.2 in his caste in public place.

    17. In view of the above facts and circumstances of the case,

    present appeal stands dismissed and the earlier interim order

    granted by this Court stands vacated.

    JUDGE
    rkn
    Signed by: Mr. R.K. NANDURKAR
    Designation: PS To Honourable Judge
    Date: 17/07/2026 18:45:43



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