Bombay High Court
Latabai Balasaheb Nirmal And Another vs The State Of Maharashtra And Others on 12 August, 2025
2025:BHC-AUG:21859
1 902-appeal 373-2024.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
CRIMINAL APPEAL NO. 373 OF 2024
Somnath Suryabhan Ghorpade .. Appellant
Versus
The State Of Maharashtra And Others .. Respondents
WITH
CRIMINAL APPEAL NO. 374 OF 2024
1. Latabai Balasaheb Nirmal
2. Vanita Somnath Ghorpade .. Appellants
Versus
The State Of Maharashtra And Others .. Respondents
Mr. S. S. Chapalgaonkar, Advocate for the Appellants in both the
appeals.
Smt. M. N. Ghanekar, APP for Respondent Nos. 1 and 2 in both
the appeals.
Smt. S. G. Sonawane, Advocate for Respondent No. 3 in both the
appeals.
CORAM : KISHORE C. SANT, J.
DATE : 12th AUGUST, 2025.
PER COURT :-
. Heard the parties.
2. Both the appeals are arising out of the same incident and
same crime. Therefore, the appeals are taken up together.
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3. Respondent No. 3 lodge information with Police Station
Loni, District Ahmednagar on 07.12.2023 for the offences
punishable under Sections 143, 144, 147, 148, 149, 323, 427,
352, 435, 448, 504, 506 of the I.P.C. and Sections 3(1)(r), 3(1)(s)
and 3(1)(z) of the S.C. And S.T. (Prevention of Atrocities) Act. It
is alleged that, on 04.12.2023 an incident took place where son of
the informant was assaulted by the present appellant Somnath. It
is thereafter on 06.12.2023 some of the villagers came in front of
house of the informant. It is alleged that, these appellants along
with others abused the informant in the name of caste. After that,
they vandalized the house of the informant and of her co-sister.
The allegations are made against 68 persons. In the FIR later on
other accused were also added. Thus, total 71 persons are now
implicated. As of now there are 64 accused persons who are
either released on regular bail or have been granted protection of
bail in the event of their arrest. Before this Court presently there
are three appellants.
4. The learned advocate Mr. Chapalgaonkar for the appellants
vehemently argued that, there are allegations against 68 accused
persons. No specific role is attributed to any of the accused
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specifically. There was tension in the village because of the
incident. The informant, therefore, lodged the offence practically
against all the persons in the village. Accused Vanita and Latabai
have not done anything. It is only because Vanita's husband and
Latabai's husband are also accused, these two appellants are also
made accused persons. So far as role of Vanita and Latabai is
concerned, he submits that, though there is allegation of abuses in
the name of caste, it is not stated as to exactly which of these two
appellants have abused in the name of caste. The allegation is
about vandalizing the home. There also no specific allegation is
made. He submits that, other 64 person are now granted regular
bail or anticipatory bail, no purpose would be served by taking
these appellants in custody. The offence is of December 2023.
There is no incident reported thereafter. He thus prays for
allowing the appeals.
5. The learned A.P.P. submits that, in the FIR there are specific
allegations. The spot panchanama would show that the house
was vandalized of the informant and also of her co-sister. The
situation was such tensed for one month. The Police protection
was required in the village because of the communal violence. She
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submits that, there are 13 statements including 3 statements of
Police persons recorded under Section 164 of the Code of Criminal
Procedure (for short "Cr.P.C."). Out of 13 statements under
Section 164 of the Cr.P.C. in three statements name of Somnath is
mentioned. There are also nine statements recorded under
Section 161 of the Cr.P.C. Out of these nine statements, three
statements are of Police persons. In those statements the name of
Somnath is mentioned. She fairly submits that, in none of the
statements under Section 164 of the Cr.P.C. role of Vanita and
Latabai is mentioned. However, she submits that, looking to the
allegations even under Section 3(1)(z) of the Atrocities Act, this is
not a fit case not to grant protection to any of the appellants.
6. The learned advocate Smt. Sonwane for respondent No. 3
vehemently opposes the appeals. She submits that, looking to the
gravity of the offence now the informant is under tension. The
accused Somnath is the main culprit behind all the incident. The
incident started with Somnath assaulting son of the informant
namely Vishal on 04.12.2023. She thus submits that, accused
Somnath does not deserve any protection. So far as accused
Vanita and Latabai are concerned, she submits that, they are the
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members of the family. They have also taken active part in the
second incident dated 06.12.2023. She thus submits that, both
the appeals deserve to be dismissed.
7. This Court has gone through the submissions and Police
papers. It is seen that, in the spot panchanama the contents
corroborate with the FIR and the statements under Sections 161
and 164 of the Cr.P.C. The role of accused Somnath is seen at
various places as rightly submitted. His name appears even in the
statements under Section 164 of the Cr.P.C. and statements
recorded by the Police. So far as accused Vanita and Latabai are
concerned, except FIR their names do not appear in statements
under Section 161 of the Cr.P.C. In the statement recorded under
Section 164 of the Cr.P.C. of the informant, even she has not stated
about the role of Vanita and Latabai. Their names in the FIR thus
appear to be doubtful. The possibility of false implication cannot
be ruled out. There are photographs showing the position of the
spot, however, that would not help the prosecution at this stage to
show the role of Vanita and Latabai.
8. There is one more allegation against Somnath that he kicked
12 years grand daughter of the informant. There is certificate
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issued by the Medical Officer of Rural Hospital, Loni. Though no
external injury is seen, however, the allegation shows that she was
kicked by the accused Somnath. This Court thus finds that,
though there are no strong circumstances against accused Vanita
and Latabai, so far as accused Somnath is concerned, the
allegations and the material clearly show his involvement in the
incident.
9. So far as order passed by the learned Trial Court in respect
of the accused Somnath is concerned, this Court does not find any
reason to interfere with the order. So far as accused Vanita
Latabai are concerned, the learned Additional Sessions Judge has
mainly considered the contents of the FIR. It appears that the
learned Court has only looked into the FIR and has not considered
the statements under Section 164 of the Cr.P.C. and has passed the
order which call for interference. This Court is, therefore, inclined
to allow the appeal of accused Vanita and Latabai. So far as
appeal of accused Somnath is concerned, this Court is not inclined
to allow the appeal. Hence, the following order :
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ORDER
(I) Criminal Appeal No. 373/2024 is dismissed.
(II) Criminal Appeal No. 374/2024 is allowed. The appellants
be released on bail in the event of their arrest in connection with
Crime No. 0736/2023 registered with Loni Police Station for the
offences punishable under Sections 143, 144, 147, 148, 149, 323,
427, 352, 435, 448, 504, 506 of the I.P.C. and Sections 3(1)(r),
3(1)(s) and 3(1)(z) of the Atrocities Act on furnishing P.R. bond in
the sum of Rs. 25,000/- each with one solvent surety in the like
amount on following conditions :
(a) The appellants shall not try to contact any of the witnesses
and shall not try to pressurize them. They shall co-operate in the
investigation. They shall remain present as and when called by the
investigating officer.
(b) The appellants shall give their residential address, mobile
number and other contact details with concerned I.O./Police
Station.
(III) With this, both the criminal appeals stand disposed of.
( KISHORE C. SANT, J. )
P.S.B.
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