SHANKAR MADHUKAR GUNJALversusTHE SUPERINTENDENT OF POLICE AND OTHERS

2026:BHC-AUG:41569




                        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                   BENCH AT AURANGABAD

                             930 CRIMINAL APPEAL NO. 573 OF 2026

                                    SHANKAR MADHUKAR GUNJAL
                                               VERSUS
                          THE SUPERINTENDENT OF POLICE AND OTHERS
                                                  ...
           Mr. A. G. Kale h/f Mr. Vaibhav U. Pawar, Advocate for Appellant
           Mr. S. P. Joshi, APP for the Respondent/State
           Ms. Deepali S. Patil, Advocate for respondent No.3 (appointed)

                                                      CORAM : R. M. JOSHI, J.
                                                      DATED    : 9th SEPTEMBER, 2026

           PER COURT :-

           1.    This appeal is filed under Section 14-A of the Scheduled Castes and

           Scheduled Tribes (Prevention of Atrocities) Act challenging the order passed

           by the learned Special Judge rejecting application for pre-arrest bail filed by

           the present appellant.

           2.    Appellant apprehends arrest in connection with Crime No. 184/2026,

           registered with Sonpeth Police Station, District Parbhani fo the offences

           punishable under Sections 115(2), 352, 3(5) of the Bharatiya Nyaya Sanhita

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

           Scheduled Tribes (Prevention of Atrocities) Act.

           3.    The First Information Report, recorded on 17.05.2026, depicts that the

           incident occurred on 16.05.2026 at about 8.45 p.m. There is an allegation



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against the present appellant that he abused the informant by referring to his

caste and also assaulted him with fist and kick blows.

4.    Learned Advocate for the appellant submits that the incident in

question did not occur in public view and, as such, the embargo created by

Section 18 of the Scheduled Castes and Scheduled Tribes (Prevention of

Atrocities) Act has no application to the present case. To support his

submission, he relied upon the judgment of the Hon'ble Supreme Court in the

case of Hitesh Verma Vs. The State of Uttarakhand, AIR 2020 SC 5584 .

5.    Learned APP for the State and learned Advocate for the informant

opposed the grant of protection to the appellant by referring to the allegations

against him in the First Information Report. Learned APP drew the attention

of the Court to the statement of Bharat Gunjal, who claims to have witnessed

the occurrence. It is thus his contention that the incident occurred in the

presence of an independent person and, as such, the provisions of the

Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act have

application to the present case.

6.    Prima facie, perusal of the First Information Report indicates that the

allegation with regard to the abuses referring to the caste is attributed only to

the present appellant and not to the co-accused. The said version of the

informant does not find support from the statement of the independent

witness. As such, a doubt is created with regard to the occurrence of the

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incident in the manner in which it has been alleged by the informant. Having

regard to these facts it cannot be said that prima facie offence under the

Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act is made

out to apply embargo of Section 18 of the Act thereof. Similarly this is not

case wherein custodial interrogation of appellant is warranted. Hence, order.

                                   ORDER

            (i)    Appeal is allowed.
            (ii) In the event of arrest of appellant in connection with
            Crime No. 184/2026, registered with Sonpeth Police Station,
            District Parbhani fo the offences punishable under Sections
            115(2), 352, 3(5) of the Bharatiya Nyaya Sanhita and under
            Sections 3(2)(va), 3(1)(r), 3(1)(s) of the Scheduled Castes
            and Scheduled Tribes (Prevention of Atrocities) Act shall be
            released on bail on furnishing PR Bond of Rs.15,000/-
            (Rupees Fifteen Thousand only) with one solvent surety in the
            like amount.
            (iii) He shall attend the concerned police station as and
            when called by the Investigating Officer.
            (iv) He shall not contact the witnesses directly or indirectly.
            (v) He shall not interfere with the evidence in any manner
            whatsoever.
            (vi) He is further directed to cooperate the investigating
            agency for further investigation.
            (vii) Learned APP for the Respondent/State to communicate
            this order to the concerned Police Station.

7.    The fee of the appointed counsel is quantified at Rs. 10,000/-, which

shall be paid by the High Court Legal Services Authority, Sub-Committee,

Aurangabad.

                                                     ( R. M. JOSHI, J.)
ssp


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