w w w . L a w y e r S e r v i c e s . i n



Rajendra v/s The State of Maharashtra & Others


Company & Directors' Information:- RAJENDRA LIMITED [Strike Off] CIN = U99999KA1943PLC000306

Company & Directors' Information:- RAJENDRA CORPORATION PRIVATE LIMITED [Strike Off] CIN = U17219TZ1948PTC000161

    Criminal Appeal No. 701 of 2019

    Decided On, 05 August 2019

    At, In the High Court of Bombay at Aurangabad

    By, THE HONOURABLE MR. JUSTICE P.R. BORA

    For the Appellant: Deshmukh Rajendra S. Advocate. For the Respondents: S.J. Salgare, APP.



Judgment Text

Oral Judgment:

1. Heard Shri Deshmukh, learned counsel appearing for appellant and learned APP for State.

2. Order dated 4th July, 2019 passed by Additional Sessions Judge1, Nanded in Misc. Criminal Bail Application No.522/2019, is challenged in the present appeal.

3. The aforesaid bail application was filed by the appellant, seeking pre-arrest bail under Section 438(1) of the Code of Criminal Procedure (herein after referred to as the Code) in connection with Crime No.140/2019 registered against him at Police Station, Kinwat for the offence punishable under Section 4 of the Scheduled Castes, Scheduled Tribes (Prevention of Atrocities) Act, 1989 (herein after referred to as the said Act).

4. The learned Additional Sessions Judge has rejected the said application, observing that, since the punishment prescribed for the offence under Section 4 of the said Act is of imprisonment up to one year, in view of 1st Schedule to the Code, the said offence has to be treated as bailable one.

5. Shri Deshmukh, learned counsel appearing for the appellant, submitted that the learned Additional Sessions Judge has committed an error in rejecting the application filed by the appellant on the ground that the offence charged against him, since is bailable one, the application, seeking pre-arrest bail is not entertainable. The learned counsel pointed out that while passing such order and while referring to Part-II of Schedule-First of the Code, the trial court has ignored that the offence punishable with imprisonment of less than three yeas or with fine only, is made bailable, provided it is triable by the Court of a Magistrate. The learned counsel submitted that the offences under the Atrocities Act, including the offence under Section 4 of the said Act, are triable by a Special Court. The learned counsel pointed that as defined under Section 2(d) of the Atrocities Act, “Special Court” means a Court of Session specified as a Special Court in section 14 of the said Act. The learned counsel submitted that only on the basis of the quantum of punishment, it cannot be held that the offence under Section 4 of the Atrocities Act is bailable.

6. For the reasons, as aforesaid, according to the learned counsel, the application filed by the appellant under Section 438 of the Code, was perfectly maintainable. The learned counsel further submitted that even though Section 18 of the Atrocities Act provides that nothing under Section 438 of the Code shall apply in relation to any case involving the arrest of any person on an accusation of having committed an offence under the Atrocities Act, the judicial pronouncements have settled the legal position that if prima facie it appears to the court that no offence, as alleged under the provisions of the Atrocities Act, is made out, the discretion can be exercised even by the Sessions Court. The learned counsel further submitted that even after insertion of Section 18A in the Atrocities Act, as held by the Hon'ble Division Bench of this Court in the case of Lahu Bhosale Vs. State of Maharashtra and Anr. Criminal Appeal No.194/2019, decided on 3.4.2019, the power of the Session Court, is not taken away to entertain the application under Section 438 of the Code, if the circumstances so warranted. According to learned counsel, thus viewed from any angle, the trial court shall not have held the application filed by the appellant not entertainable.

7. Learned APP Shri Salgare supported the impugned order.

8. The question, which falls for determination in the present appeal is, whether the application under Section 438 of the Code can be entertained by the Special Court, constituted under Section 14(1) of the Atrocities Act, in an offence under Section 4 of the said Act, which as per the classification provided in PartII of the First Schedule to the Code falls in the category of bailable offence?

9. The Atrocities Act does not provide the definition of “bailable offence”. The said definition is provided under the Code. The Atrocities Act does not exclude applicability of the Code, except as provided under section 18 of the said Act. In the circumstances, to determine as to which of the offences are bailable and which are nonbailable, one has to fall back on the definition in the Code. Section 2(a) of the Code defines “bailable offence” thus, “ bailable offence” means an offence which is shown as bailable in the first Schedule, or which is made bailable by any other law for the time being in force”

10. First Schedule appended to the Code provides classification of offences. It is in two parts. Part-I deals with the offences under the IPC whereas Part-II pertains to the offences against other law. Offence under Section 4 of the Atrocities Act would fall in the category of offences against other laws. Part-II would, therefore, be applicable for the said offence. Part-II of Schedule-First of the Code classifies the offences punishable with imprisonment for less than three years or only with fine, to be bailable offences.

11. Section 4 of the Atrocities Act prescribes punishment for neglect of duties by a public servant, as enumerated in subsection (2) of the said section. The offence under the said section is made punishable with imprisonment for a term which shall not be less than six months, but which may extend to one year. Having regard to the quantum of punishment provided for the offence under Section 4 of the Atrocities Act, the said offence falls in the category of bailable offence.

12. The offences under the Atrocities Act are no doubt made triable by the Special Court and as defined under Section 2(d) of the said Act, the Special Court means, a Court of Session, specified as a Special Court in Section 14 of the said Act. However, merely because the offence under Section 4 of the said Act is also triable by the Court of Session, the nature of the said offence, as classified under the provisions of the Code to be a 'bailable' one, would not change. The same has to be treated as a bailable offence.

13. Once it is held that the offence under Section 4 of the Atrocities Act is bai

Please Login To View The Full Judgment!

lable, it goes without saying that the application filed by the appellant under Section 438 of the Code, seeking prearrest bail in an offence registered against him, under said Section, would not be maintainable. It does not appear to me that the learned Additional Sessions Judge has committed any error in rejecting the application filed by the appellant. 14. It is clarified that the offence under Section 4 of the Atrocities Act being bailable, in the event of his arrest, the appellant shall be liable to be released forthwith, if he shows his readiness to furnish the surety. 15. In the result, the appeal stand dismissed with the observations as above.
O R







Judgements of Similar Parties

06-10-2020 Rajendra Eknath Apugade & Another Versus The State of Maharashtra & Another High Court of Judicature at Bombay
31-08-2020 Rajendra Singh Versus Union of India & Others High Court of Delhi
24-08-2020 M/s. Govindhji Jewat & Co., Represented by its Partner Rajendra Kone & Others Versus M/s. Rukmani Mills Ltd., Represented by its Board of Directors, Madurai & Others Before the Madurai Bench of Madras High Court
11-08-2020 Atalbiharikumar Rajendra Mandal Versus State of Gujarat High Court of Gujarat At Ahmedabad
23-07-2020 Bajaj Allianz General Insurance Co. Ltd., through its Authorized signatory, Pravin Prabhakar Prabhu Versus Kameshwari Rajendra Sabnis & Others In the High Court of Bombay at Goa
30-06-2020 Union Bank of India, Through Shri R. Rajendra Prasad, Branch Manager, Raichur Versus M/s. Tirumala Enterprises, Raichur National Consumer Disputes Redressal Commission NCDRC
18-06-2020 Rajendra Singh & Others Versus National Insurance Company Limited & Others Supreme Court of India
26-05-2020 Rajendra Kumar & Others Versus Raj Kumar High Court of Judicature at Allahabad
19-05-2020 Transport Manager, Thane Municipal Transport Undertaking Versus Rajendra Visanji Thakkar & Another High Court of Judicature at Bombay
14-05-2020 Rajendra Kumar Chandrol Versus High Court of Madhya Pradesh
21-04-2020 Babu Rajendra Versus Basalingappa & Others High Court of Karnataka Circuit Bench OF Kalaburagi
18-03-2020 State of M.P. & Others Versus Rajendra Kumar Sharma High Court of Madhya Pradesh Bench at Gwailor
18-03-2020 Ritesh Rajendra Thakur Versus State of Maharashtra Through its Secretary, Tribal Development Department & Another High Court of Judicature at Bombay
17-03-2020 Rajendra & Others Versus The State of Maharashtra In the High Court of Bombay at Aurangabad
16-03-2020 Satish Kumar Khandelwal V/S Rajendra Jain & Others High Court of Madhya Pradesh Bench at Indore
12-03-2020 Rajendra & Others Versus The State of Maharashtra In the High Court of Bombay at Aurangabad
24-02-2020 Manaj Tollway Private Limited Versus Rajendra Rahane Superintending Engineer & Others High Court of Judicature at Bombay
19-02-2020 Rajendra K. Bhutta Versus Maharashtra Housing and Area Development Authority & Another Supreme Court of India
13-02-2020 Life Insurance Corporation of India Through Its Zonal Manager, Life Insurance Corporation Of India, New Delhi Versus Rajendra Sudamrao Shinde & Another National Consumer Disputes Redressal Commission NCDRC
11-02-2020 Nisar Ahmad Versus Rajendra Kumar Soni & Others High Court of Delhi
10-02-2020 Rajendra Versus Jugalkishor & Others In the High Court of Bombay at Nagpur
17-01-2020 Rajendra Mishra Versus State of Bihar & Others High Court of Judicature at Patna
17-01-2020 Rajendra Saxena & Another Versus Sharda Ratnam & Another High Court of Judicature at Bombay
17-01-2020 Sanjiv Rajendra Bhatt Thro Shweta Sanjiv Bhatt Versus State of Rajasthan High Court of Gujarat At Ahmedabad
16-01-2020 Rajendra Kumar Verma & Another Versus Dolly Rani Bag & Others National Consumer Disputes Redressal Commission NCDRC
10-01-2020 Harendra Ramchandra Pathak Versus Rajendra Ratan Mhatre High Court of Judicature at Bombay
06-01-2020 Dr. N. Rajendra Prasad & Others Versus Lingampally Srinivas & Others Telangana State Consumer Disputes Redressal Commission Hyderabad
06-01-2020 Rajendra Kumar Khera & Others Versus U.P. Awas Vikas Parishad & Another National Consumer Disputes Redressal Commission NCDRC
26-12-2019 Rajendra Manohar Kowli & Another Versus Bank of India Debts Recovery Appellate Tribunal At Mumbai
26-12-2019 Rajendra Girdhar Patel Versus State Of Gujarat & Others High Court of Gujarat At Ahmedabad
10-12-2019 Rajendra Diwan Versus Pradeep Kumar Ranibala & Another Supreme Court of India
03-12-2019 Rajendra Singh Tomar & Others Versus State of Uttarakhand Through Secretary & Others Supreme Court of India
02-12-2019 Sathi Khurana Versus Rajendra Singh Khurana High Court of Judicature at Calcutta
02-12-2019 Ajit Rajendra Bhagwat & Others Versus The State of Maharashtra, Through its Secretary, Higher and Technical Education Mantralaya & Others High Court of Judicature at Bombay
28-11-2019 Balasaheb Govind Basugade Versus Rajendra Shivaji Kumthekar & Others High Court of Judicature at Bombay
20-11-2019 Jaihind Sahakari Pani Purvatha Mandali Ltd. Shirdhon, Kolhapur Versus Rajendra Bandu Khot & Others High Court of Judicature at Bombay
02-11-2019 Rajendra Prasad Versus Sikkim University & Others High Court of Sikkim
25-10-2019 K. Rajendra Prasad & Others Versus State of Andhra Pradesh & Others High Court of Andhra Pradesh
18-10-2019 Rajendra Agrawal Versus State of Bihar & Others High Court of Judicature at Patna
11-10-2019 New India Assurance Co. Ltd. Versus Rajendra Kumar & Another Madya Pradesh State Consumer Disputes Redressal Commission Bhopal
25-09-2019 Kalpana Rajendra Kothari & Others Versus Santosh Arvind Jangam & Another In the High Court of Bombay at Aurangabad
11-09-2019 Krushna Shivaji Patil Versus Parmanand Rajendra Patil & Another In the High Court of Bombay at Aurangabad
05-09-2019 M/s. Sugesan Transport Pvt. Ltd., Rep. by its Director, Kanthibai Rajendra Sheth Versus M/s. E.C. Bose & Company Private Limited, Kolkata & Others High Court of Judicature at Madras
03-09-2019 Raju @ Rajendra Versus State of U.P. High Court of Judicature at Allahabad
16-08-2019 Rajendra Mahadeorao Chaudhary Versus Gajanan Keshavrao Bore In the High Court of Bombay at Nagpur
06-08-2019 Rajendra Kumar Goyal & Another Versus South City Project (Kolkata) Ltd. & Others West Bengal State Consumer Disputes Redressal Commission Kolkata
06-08-2019 Rajendra Pandit Versus Union of India, Through the Secretary Ministry of Communication, New Delhi & Others Central Administrative Tribunal Guwahati Bench Guwahati
30-07-2019 N. Rajendra Reddy Versus The Block Development Officer, Sholingur Panchayat Union, Vellore District & Others High Court of Judicature at Madras
29-07-2019 Rajendra Versus Gopinath In the High Court of Bombay at Aurangabad
29-07-2019 Rajendra Versus Vikas & Others In the High Court of Bombay at Aurangabad
26-07-2019 Rajendra Agarwal & Others Versus State of U.P. & Another High Court Of Judicature At Allahabad Lucknow Bench
22-07-2019 Rajendra Prasad Sharma Versus M/s. Hartin Harris Ltd. High Court of Judicature at Calcutta
18-07-2019 Sujan Bhabani Prasad Chatterjee & Another Versus Rajendra Kumar Singh & Another High Court of Judicature at Bombay
08-07-2019 C. Rajendra Prasad Versus The Tamil Nadu State Legal Services Authority, Rep. by its Member Secretary, Chennai & Others High Court of Judicature at Madras
05-07-2019 Rajendra Versus The State of Maharashtra Through its Secretary, Tribal Development & Others In the High Court of Bombay at Aurangabad
04-07-2019 Rajendra Kumar through Nisar Mohammad Versus The State of Madhya Pradesh High Court of Madhya Pradesh
01-07-2019 Rajendra Shivsing Chanda & Others Versus Additional Commissioner, Amravati Division & Others In the High Court of Bombay at Nagpur
17-06-2019 Rajendra Kumar Versus The State of Bihar & Others High Court of Judicature at Patna
30-04-2019 Siddesh Tours and Travels (Prop.Shri Rajendra Ramdas Yerandekar) Versus The Commissioner of Service Tax Mumbai VII Commissionerate High Court of Judicature at Bombay
23-04-2019 Dr. P. Rajendra Prasad Versus The State of Telangana, rep by its Special Chief Secretary, Health, Medical & Family Welfare Department & Others High Court of for the State of Telangana
18-04-2019 Sant Kejaji Maharaj Smruti & Another Versus Rajendra Deoraoji Raut & Others In the High Court of Bombay at Nagpur
15-04-2019 Rajendra Singh & Others Versus State of Madhya Pradesh High Court of Madhya Pradesh Bench at Gwailor
09-04-2019 Raju @ Rajendra Dashrath Khaire & Another Versus The State of Maharashtra & Another In the High Court of Bombay at Aurangabad
29-03-2019 Rajendra Versus State of Maharashtra & Another In the High Court of Bombay at Nagpur
28-03-2019 Rajendra Kumar Goyal Versus The State of West Bengal & Others High Court of Judicature at Calcutta
26-03-2019 Rajendra R. Vishwakarma Versus The State of Maharashtra High Court of Judicature at Bombay
13-03-2019 Rajendra Vitthal Bahirat & Another Versus Prakash Ramchandra Girame High Court of Judicature at Bombay
28-02-2019 Rajendra Chawla & Others Versus Chandra Prakash Chabda & Others High Court of Chhattisgarh
15-02-2019 National Federation of Fishers Cooperatives Ltd., Through its Managing Director & Another Versus Rajendra Singh & Others High Court of Delhi
12-02-2019 Rajendra Singh Negi Versus State of Uttarakhand & Others High Court of Uttarakhand
12-02-2019 Hiteshkumar Rameshbhai Patel Versus Rajendra Mataprasad Yadav High Court of Gujarat At Ahmedabad
12-02-2019 Ashruba Dhondiba Gade Versus Rajendra Shankar Sut & Others In the High Court of Bombay at Aurangabad
31-01-2019 Rajendra Lalitkumar Agrawal Versus Ratna Ashok Muranjan & Another Supreme Court of India
24-01-2019 Rajendra Sharma Versus State of Rajasthan Through PP. High Court of Rajasthan Jaipur Bench
23-01-2019 Rajendra Sharma Versus Union Of India Through Chairman, Railway Board, Ministry of Railways, New Delhi & Others High Court of Chhattisgarh
14-01-2019 Rajendra Pundlikrao Deore & Others Versus The State of Maharashtra, through Secretary ? Coo-peration & Marketing Dept. & Others High Court of Judicature at Bombay
11-01-2019 Rajendra Kumar Bagaria Versus State of Jharkhand through Central Bureau of Investigation & Another High Court of Jharkhand
10-01-2019 Rajendra Prasad Pal & Another Versus State of U.P.Thru. Prin Secy Deptt of Basic Edu & Others High Court Of Judicature At Allahabad Lucknow Bench
09-01-2019 Veer Rajendra Rajput Versus State of Chhattisgarh High Court of Chhattisgarh
07-01-2019 B. Rajendra Kumar Versus The Airport Authority of India, New Delhi, Represented by Its Chairman & Others High Court of Kerala
07-01-2019 Rajendra Versus State of Karnataka High Court of Karnataka
02-01-2019 Rajendra Prasad Rao Versus Heavy Engineering Corporation Limited, Dhurwa, Ranchi High Court of Jharkhand
12-12-2018 Sant Shankar Maharaj Ashram Trust, Pimpalkhuta, through its Secretary, Rajendra Versus State of Maharashtra, through Secretary Social Justice & Special Assistance Department & Others In the High Court of Bombay at Nagpur
12-12-2018 Rajendra Pralhadrao Wasnik Versus State of Maharashtra Supreme Court of India
07-12-2018 State Transport Co-op. Credit Society Ltd. Versus Rajendra Sudhakar Mahalpure High Court of Judicature at Bombay
29-11-2018 Rajendra Ramakant Vedpathak Versus Tarvidersingh Harbansingh Popali & Others High Court of Judicature at Bombay
02-11-2018 Rajendra Kumar Versus State of Rajasthan High Court of Rajasthan Jodhpur Bench
01-11-2018 M/s. RA Chem Pharma Limited, Rep. by its Managing Director, J. Rajendra Rao & Another Versus State of A.P. Rep. by the Public Prosecutor & Others High Court of Andhra Pradesh
01-11-2018 Rajendra Prasad Singh & Others Versus The State of Bihar & Others High Court of Judicature at Patna
30-10-2018 Shrikant & Rajendra Vilas Choudhary Versus The State of Maharashtra High Court of Judicature at Bombay
26-10-2018 Jonnalgadda Rajendra Prasad/Edukondalur RP & Others Versus Sri Yogananda Lakshmi Narasimhaswami Vari Temple, Rep. by its Single Trustee-cum-hereditary Archaka, Parasaram Lakshmi Vara Prasad, Avanigadda In the High Court of Judicature at Hyderabad
23-10-2018 Rajendra Singh Versus State of Uttar Pradesh Supreme Court of India
19-10-2018 Kallinath Shivyogi Dhange Versus Rajendra @ Apparao Mdhukarrao Vedpathak & Others In the High Court of Bombay at Aurangabad
10-10-2018 Pankaj @ Pintu Rajendra Marve Versus State of Maharashtra In the High Court of Bombay at Nagpur
08-10-2018 A. Rajendra & Others Versus The State, Represented by The Deputy Superintendent of Police, Tiruchendur & Others Before the Madurai Bench of Madras High Court
20-09-2018 Rajendra Singh Versus State of U.P. & Others High Court of Judicature at Allahabad
14-09-2018 Hemant Kumar Jalan & Others Versus Rajendra Bajoria & Others High Court of Judicature at Calcutta
10-09-2018 Khomdram Rajendra Singh Versus The Union of India, Rep. by its Secretary, Government of India, Ministry of Telecommunication, New Delhi & Others Central Administrative Tribunal Guwahati Bench Guwahati
07-09-2018 Rajendra Dagdulal Bafna & Others Versus The State of Maharashtra & Another In the High Court of Bombay at Aurangabad
05-09-2018 Shivaraj V/S Rajendra and Others. Supreme Court of India