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Order - Status 5: IN THE HIGH COURT OF JUDICATURE AT BOMBAY O.O.C.J/CIVIL APPELLATE JURISDICTION COMMON ORDER CORAM : A. S. OKA AND REVATI MOHITE DERE, JJ. DATED : 22nd JUNE, 2015 P.C. : On account of paucity of time, rest of the matters on Daily and Supplementary Board stand adjourned on the dates fixed as per the CMIS. Sr. Nos. C.M.I.S. Date 183 to 189, 191, 197, 209, 211, 217, 220 to 228, 251 (A.S) 02/07/2015 192 (A.S), 231, 232, 243, 276 (O.S) 03/07/2015 195 (O.S.) 19/08/2015 198, 229 (A.S) 16/07/2015 199, 200, 230 (A.S) 30/07/2015 201 to 204 (A.S.) 03/08/2015 205, 206, 249 (A.S.) 04/08/2015 207 (O.S.) 03/09/2015 208 (O.S.) 16/09/2015 210, 212 (O.S.) 30/09/2015 213 to 216, 219 (O.S.) 05/10/2015 233 to 235 (O.S.) 06/10/2015 236, 252 to 256 (O.S.) 07/10/2015 237 (A.S.) 06/08/2015 239 (A.S.) 13/07/2015 240, 242, 282, 286 (O.S.) 06/07/2015 241 (A.S.) 07/08/2015 244, 273 (A.S.) 10/08/2015 245, 246, 274 (O.S.) 07/07/2015 Sr. Nos. C.M.I.S. Date 247, 257, 259 to 268, 271, 272, 280, 281, 283, 284, 295, 299 to 304 (A.S) 24/07/2015 248, 275 (O.S.) 08/07/2015 258, 285, 287, 288 (O.S.) 09/10/2015 269, 270 (A.S.) 11/08/2015 277, 278 (O.S.) 09/07/2015 279 (A.S.) 23/07/2015 289 to 291 (O.S) 13/10/2015 292 to 294, 296 to 298 (O.S) 14/10/2015 305 to 308, 311, 316 (A.S) 27/07/2015 313 (A.S) 28/07/2015 314, 315 (A.S) 29/07/2015 317 (A.S) 30/07/2015 If in any of the above matters, adinterim relief or interim relief is operative till today, the same will continue to operate till the respective next dates. If adinterim relief is not granted for a limited period, the said orders will remain unaffected. (REVATI MOHITE DERE, J.) (A. S. OKA, J.)

Order - Status 7: IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION COMMON ORDER CORAM : A.S. OKA & REVATI MOHITE DERE, JJ. DATE : JULY 2, 2015 P.C. On account of paucity of time, rest of the matters on Daily and Supplementary Board stand adjourned on the dates fixed as per the CMIS. Sr. Nos. C.M.I.S. Date 55 05/10/2015 56 to 63, 84, 85, 91, 94, 95, 97, 98, 903, 905 30/07/2015 64 12/08/2015 65 to 75, 96 21/08/2015 76(OS), 81 13/07/2015 77(OS) 07/10/2015 78(OS) 14/10/2015 79, 82, 83, 88, 89, 90, 93(OS) 16/11/2015 80(OS) 20/07/2015 86(OS) 14/07/2015 87(OS) 22/07/2015 92(OS) 24/07/2015 901 16/07/2015 904 31/07/2015 If in any of the above matters, adinterim relief or interim relief is operative till today, the same will continue to operate till the respective next dates. If adinterim relief is not granted for a limited period, the said orders will remain unaffected.

Order - Status 9: IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE CIVIL/CRIMINAL JURISDICTION / O.O.C.J. COMMON ORDER CORAM : A.S. OKA, AND A.R. JOSHI, JJ. DATE : 21st AUGUST, 2015 P.C. . The following matters on Balance Board / Daily Board cannot be taken up today on account of paucity of time. The matters will appear on the dates as may be fixed by C.M.I.S. Sr. No. C.M.I.S Date 67 03/09/2015 68 05/10/2015 69, 70 06/10/2015 71 08/10/2015 72 16/10/2015 73 17/10/2015 74, 75, 76 27/10/2015 77, 78 28/10/2015 79 20/11/2015 80, 89, 90, 91, 92 23/11/2015 81 13/10/2015 82, 84, 85 01/09/2015 83, 87, 88, 123, 124, 125, 139, 140 (O.S.) 14/12/2015 93, 94, 95, 96, 97, 98 24/11/2015 99, 100 26/11/2015 101 to 120 30/11/2015 121, 133, 134, 135, 136, 138, 142, 143, 144, 148, 149, 150, 152, 153, 154, 155, 156, 158, 160, 162, 163, 164, 902 01/12/2015 126 (Criminal) 14/10/2015 127 (O.S.) 11/09/2015 128 (O.S.) 14/09/2015 129, 130, 131, 132, 145, 146, 147, 151, 157, 159, 161 15/10/2015 137 (O.S.) 15/09/2015 141 (O.S.) 15/12/2015 . If any adinterim relief or interim relief in the aforesaid matters is operative till today, the same will continue to operate till the dates which are fixed under this order. If any adinterim or interim order is to operate till further orders, such orders shall remain unaffected. (A. R. JOSHI, J.) (A.S. OKA, J.)

Order - Status 11: Shephali IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE AND ORDINARY ORIGINAL CIVIL JURISDICTION COMMON ORDER FOR BALANCE BOARD OF DAILY BOARD DATED 23RD NOVEMBER 2015 CORAM: A.S. OKA & G.S. PATEL, JJ. DATED: 23rd November 2015 PC:- The following matters on Balance Board / Daily Board cannot be taken up today on account of paucity of time. The matters will appear on the dates as may be fixed by C.M.I.S. Sr. Nos. C.M.I.S. Date Sr. Nos. C.M.I.S. Date 54, 56, 57, 58, 61 03/12/15 55 (O.S.), 70 23/03/16 59 (O.S.), 71 to 80, 87 (O.S.), 106, 111, 114 29/03/16 60, 85, 86, 88, 89 (O.S.) 11/04/16 62, 64, 65, 81 (O.S.) 16/12/15 63 20/01/16 66 to 69 22/03/16 82, 83, 84 (O.S.) 17/12/15 90 to 98, 100, 105, 107 to 110, 113 25/01/16 99, 104 (O.S.) 05/12/15 101, 102, 103 (O.S.) 12/04/16 112 (O.S. 07/12/15 116, 117 14/01/16 If in any of the above matters, ad-interim relief or interim relief is operative till today, the same will continue to operate till the respective next dates. If the ad-interim relief is not granted for a limited period, the said orders will remain unaffected. (G. S. PATEL, J.) (A.S. OKA, J.)

Order - Status 13: IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION COMMON ORDER CORAM : A.S. OKA & G.S.PATEL, JJ. DATE : DECEMBER 16, 2015 P.C. On account of paucity of time, rest of the matters on Daily and Supplementary Board stand adjourned on the dates fixed as per the CMIS. Sr. Nos. C.M.I.S. Date Sr. Nos. C.M.I.S. Date 27 21­03­2016 34, 35, 37, 46 to 06­05­2016 61 28 02­05­2016 39, 40, 41 06­01­2016 29 05­05­2016 42 (OS) 15­06­2016 30 (OS) 15­02­2016 43, 44, 75, 76, 77, 79 (OS) 28­06­2016 31 09­03­2016 45, 74 22­02­2016 32, 36, 38 10­03­2016 62 to 72, 78, 80 to 85 06­06­2016 33 08­02­2016 73 (OS) 27­01­2016 If in any of the above matters, adinterim relief or interim relief is operative till today, the same will continue to operate till the respective next dates. If adinterim relief is not granted for a limited period, the said orders will remain unaffected. ( G.S.PATEL, J ) (A.S. OKA, J ) ssp

Order - Status 17: IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 4182 OF 2015 Mohan Somla Pagi … Petitioner Versus The Administrator, Union Territory of Daman & Diu and Dadra & Nagar Haveli and Ors. … Respondents Ms. Dipti Kuber i/by Devmani Shukla for the petitioner. None for the respondents. CORAM : SHANTANU KEMKAR & MAKARAND KARNIK, JJ. DATED : OCTOBER 19, 2016. P.C. Heard learned counsel for the petitioner. The grievance of the petitioner is that the respondents have not taken any action on the petitioner's complaint dated 8.1.2015 Exh.A in regard to the raising of the illegal construction on the land bearing S. No. 244, located at Silvasa, Dadra Nagar Haveli. Having considered the submissions made by the learned counsel for the petitioner, we dispose of this petition by directing the respondents to examine the petitioner's complaint and take appropriate action in accordance with law after giving due opportunity of hearing to the petitioner as also to the concerned affected persons. Let the action as aforesaid be taken as expeditiously as possible but not latter than four months from the date of receipt of copy of this order. The Petitioner to give copy of the complaint dated 8.1.2015 to the respondents along with the copy of this order. With the aforesaid directions, petition is disposed of. (MAKARAND KARNIK, J.) (SHANTANU KEMKAR, J.)

Order - Status 5: IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 1144 OF 2019 Prakash Siddhnath Shukla & Ors. Applicants Vs. The State of Maharashtra Respondent Ms. Ameeta Kuttikrishnan i/b Mr. Chinmay P. Gaonkar for the Applicants. Mr. J.P. Yagnik, A.P.P. for Respondent – State. CORAM : SARANG V. KOTWAL, J. DATED : 24th MAY, 2019. (VACATION COURT) P.C. : 1 I have perused the F.I.R. There are allegations in the F.I.R. that applicants have tendered forged documents to stake claim to their right in a Slum Rehabilitation Project. Prima facie there is nothing to show that the documents were genuine. However, the investigation is still in progress. Learned Counsel for the applicant seeks time to give details of the documents which were supplied by the applicants to the authorities. Time as prayed for is granted. 2 Stand over to 12.06.2019. (SARANG V. KOTWAL J.)

Order - Status 7: IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CRIMINAL JURISDICTION CR. ANTICIPATORY BAIL APPLN. NO. 1144 OF 2019 Prakash Siddhnath Shukla And Ors Applicant V/S The State Of Maharashtra Respondent MS.Ameeta Kuttikrishnan i/by Chinmay P Gaonkar For Applicant V.V.Gangurde App for state. CORAM : REVATI MOHITE DERE, J DATE : 13th June, 2019 P.C. : Stand over to 17/06/2019 UNDER THE CAPTION OF URGENT CIRCULATIONS. ( FOR REGISTRAR JUDICIAL - I )

Order - Status 9: IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CRIMINAL JURISDICTION CR. ANTICIPATORY BAIL APPLN. NO. 1144 OF 2019 Prakash Siddhnath Shukla And Ors Applicant V/S The State Of Maharashtra Respondent Ms. Ameeta kuttikrishanan i/b.Mr Chinmay P Gaonkar For Applicant. V.V.Gangurde App for state. CORAM : REVATI MOHITE DERE, J DATE : 17th June, 2019 P.C. : At the request of Applicant ,stand over to 19/06/2019. ( FOR REGISTRAR JUDICIAL - I )

Order - Status 13: Anand IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 1144 OF 2019 Prakash Siddhnath Shukla & ors. .Applicants Vs. P.C. The State of Mahrashtra .Respondent Ms Ameeta Kuttikrishnan i/b. Mr. C. P. Gaonkar, Advocate, for the Applicants Mr. S. S. Hulke, APP, for the Respondent – State CORAM : REVATI MOHITE DERE, J. DATE : 19.06.2019 . Heard learned counsel for the parties. By this Application, the Applicants seek prearrest bail in connection with C. R. No. 8 of 2017 registered with the Andheri Police Station, Mumbai, for the alleged offences punishable under Sections 420, 465, 468, 471 r/w 34 of the Indian Penal Code. Without going into the merits of the allegation made by the Complainant, learned counsel for the Applicants relies on the Judgment of this Court in W. P. No. 924 of 2016 with Cri. Application No. 486 of 2016 ( Sayyed Anwar Ahmed & anr. Vs. The State of Maharashtra & anr. ) dated 27th & 28th February, 2017, to show that the complaint at the behest of the Complainant is not maintainable. Learned counsel for the Applicants in particular, relies on para 28 of the said Judgment, wherein it is stated that in cases of SRA Schemes, in view of the law laid down in Shailesh Gandhi Vs. State of Maharashtra and Others, an aggrieved party must first approach the High Power Committee; and if the High Power Committee finds that there is an element of criminality or in cases of impersonation etc, it would ensure that the investigation is handed over to the appropriate agency. It is further stated that if a Complainant has any grievance about the names included in Annexure – II, he can always approach the High Power Committee and that the said Committee can direct setting of criminal law in motion, if it finds criminality in it. Learned counsel in view of the said decision submits that the complaint filed by the Complainant before the learned JMFC, pursuant to which an order under Section 156(3) came to be passed and the aforesaid C. R. came to be registered is untenable. Learned APP does not dispute the aforesaid. In the facts, custodial interrogation of the Applicants is not warranted. Accordingly, the Application is allowed and the Applicants are granted prearrest bail on the following terms & conditions : O R D E R (i) In the event of arrest, the Applicants be enlarged on bail, on executing P. R. Bond in the sum of Rs. 10,000/ each with one or two sureties in the like amount; (ii) The Applicants shall report to the investigating officer of the concerned police station as & when called for by the investigating officer. The Application is allowed in the aforesaid terms and is accordingly disposed of. All concerned to act on the authenticated copy of this order. (REVATI MOHITE DERE, J.)

Order - Status 4: IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO.574 OF 2021 Farooq Sattar Dalvi and anr. .. Appellants vs. State of Maharashtra and anr. .. Respondents ---------------- Mr. R.S. Deshpande a/w Mr. Vijay S. Thakur for the Appellants. Mr. N.B. Patil, APP for the State. Mr. Vinayak Narale, Assistant Commissioner of Police, Ambernath Division, Thane City present. CORAM : M.S.KARNIK, J. DATE : AUGUST 12, 2021 P.C. Heard learned counsel for the Appellants. He seeks leave to amend so as to implead the complainant as a party Respondent. Leave to amend. Amendment to be carried out forthwith. The ofence is registered against the Appellants in respect of C.R. No.I-152 of 2021 registered with Hill Line Police Station, Thane for the ofences punishable under Section 354-D of Indian Penal Code ('IPC' for short) and Section 3(1)(R), 3(1)(W) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 ('the said Act' for short) on the basis of FIR given by the complainant-Ms. Apeksha Dalvi. 14.APEAL.574-21.doc Ms. Apeksha Dalvi is a President of RPI (Women Wing) of Thane District. The Appellant No.1 is the President of RPI Maharashtra State and the Appellant No.2 is the President of RPI Shahpur Taluka. It is the case of the Appellant No.1 that he being a Vice President of RPI Maharashtra appointed one lady as a President of Shahpur Taluka RPI, without consulting the complainant. The complainant was therefore annoyed and hence the submission of Appellant that a false case is registered against them. It is alleged that the Appellant No.1 has posted some messages in a whatsapp group of RPI Thane District which are derogatory in nature and insulting. Even the Appellant No.2 has posted some messages on the whatsapp group which afects the dignity and honour of the complainant and hence the ofence is registered. The trial Court rejected the application for bail. It is contended by learned counsel for the Applicants that the basic ingredients of ofence under Section 3(1)(R) of the said Act are not made out. The Appellant No.2-Jayvant Bhagawan Thorat belongs to the Scheduled Caste. The trial Court therefore held that so far as the ofence under the said Act alleged against Jayvant is concerned, the same may not be attracted in his case. As against the Appellant No.1-Farooq Sattar Dalvi, the trial Court held that prima facie Section 3(1)(R) of the said Act would be attracted. As against both the Appellants, trial Court observed that Section 354(D) of IPC will be applicable. 14.APEAL.574-21.doc It is the contention of learned counsel for the Appellants that all insults or intimidations to a person will not be an ofence under the Act unless such insult or intimidation is on account of victim belonging to Scheduled Caste or Scheduled Tribe. The ofence under Section 3(1)(R) of the said Act would indicate the ingredient of intentional insult and intimidation must be with an intent to humiliate a member of a Scheduled Caste or a Scheduled Tribe. It is the contention of learned counsel for the Appellants that the whatsapp messages posted were not with the object of humiliating any member of the Scheduled Caste or the Scheduled Tribe. According to him, the Appellants as well as the complainant happen to be members are of the RPI Political party. Assuming the language used in the posts on whatsapp is derogatory, it cannot be said to have been posted with an intent to humiliate the member of the Scheduled Caste or the Scheduled Tribe. It is just that the complainant was annoyed with the Appellants taking some decisions without consulting her which led to the exchange of the messages. The intent therefore is absent. Learned APP for the State submitted that the Appellants have not co-operated with the investigation and the bar of Section 18 of the said Act will be attracted in the present case. He submitted that for the reasons mentioned by the Appellate Court, this is not a ft case for grant of anticipatory bail. 3 Of 4 Learned counsel for the Appellants submitted that they are willing to co-operate with the investigation but as there is no protection in their favour, they apprehend that they will be arrested forthwith. That was the only reason according to them that they did not present themselves before the Investigating Ofcer. Prima facie I fnd substance in the contention of the Appellants that the ofence under Section 3(1)(R) is not made out. Issue notice to the complainant, returnable on 24.08.2021. In addition to the Court's notice, the Investigating Ofcer to inform the complainant about the next date of hearing. The Appellants in my opinion deserve to be granted interim protection. In the event the Appellants are arrested in connection with C.R. No.I-152 of 2021 registered with Hill Line Police Station, Thane, they shall be released on bail on furnishing P.R. bond of Rs.25,000/- with one or more sureties in the like amount. The Appellants shall not tamper with the prosecution witnesses or contact, threaten or infuence the complainant in any manner. The Appellants in the meantime to co-operate with the investigation and present themselves before the Investigating Ofcer on 14th, 16th and 18th August, 2021 between 11.00 a.m. to 1.00 p.m. List the matter on 24.08.2021. (M.S.KARNIK, J.)

Order - Status 6: Ingale FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION APPEAL NO. 574 OF 2021 Mr.Vijay S. Thakur, for the Appellants. Mr.N.B. Patil, APP for State. Smt.Apeksha Dalvi - Respondent No.2 present. CORAM : M.S.KARNIK, J. DATE : 24th AUGUST, 2021 P.C. The matter pertains to the assignment of Hon'ble Anuja Prabhudessai, J. On 12/08/2021, the matter was listed before this Court in view of the office order. The complainant appeared and mentioned the matter. The matter be placed before appropriate Court on 25/08/2021. (M.S.KARNIK, J.)

Order - Status 9: Megha 11_apeal _574_2021.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO.574 OF 2021 Farooq Sattar Dalvi and Anr. ...Appellants Versus The State of Maharashtra and Anr. ...Respondents …. Mr. Vijay S. Thakur with Mr. R.S. Deshpande for the Appellants. Mr. P.H. Gaikwad, APP for the Respondent No.1-State. CORAM : SMT. ANUJA PRABHUDESSAI, J. DATED: 31st AUGUST, 2021. P.C.:- It is stated that matter does not pertain to the assignment of this Court. Registry to verify and place it before appropriate Court. Stand over to 07/09/2021. Interim relief, if any, to continue till the next date. (SMT. ANUJA PRABHUDESSAI, J.) MEGHA Digitally signed by Date: 2021.09.01 14:29:07 S PARAB

Order - Status 12: IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CRIMINAL JURISDICTION CR. APPEAL NO. 574 OF 2021 Farooq Sattar Dalvi And Anr. ....APPELLANT V/S The State Of Maharashtra ....RESPONDENT Mrs.Prabha Badadare i/b Vijay Thakur for Appellant Ms. P.N.Dabholkar, APP for Respondent CORAM : HON'BLE SMT. JUSTICE ANUJA PRABHUDESSAI J DATE : 7th September, 2021 P.C. : The Registry to verify and place the matter before the appropriate Court. ( FOR REGISTRAR JUDICIAL - I )

Order - Status 13: IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO.574 OF 2021 FAROOQ SATTAR DALVI AND ANOTHER )...APPELLANTS V/s. THE STATE OF MAHARASHTRA )...RESPONDENT Mr.R.S.Deshpande a/w. Mr.Vijay Thakur, Advocate for the Appellant. Ms. Veera Shinde, APP for the Respondent. CORAM : V. G. BISHT, J. DATE : 28th APRIL 2022 P.C. : 1 Heard learned APP and learned counsel for the appellant. Vide order dated 12th August 2021 this Court had granted interim protection which is continued from time to time. Let the interim protection so granted be continued till the next date. 2 Stand over to 16th June 2022. (V. G. BISHT, J.)

Order - Status 15: IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO.574 OF 2021 Farooq Sattar Dalvi & Anr. ….Appellants Versus The State of Maharashtra & Anr. .... Respondents Mr. Vijay S. Thakur, Advocate for the Appellants. Mr. S.R. Agarkar, APP for the Respondent No.1-State. CORAM : SARANG V. KOTWAL, J. DATE : 22nd DECEMBER, 2022 P.C. : The learned counsel for the appellants states that he will supply a spare copy within a period of two days from today. Once the spare copy is supplied, issue fresh notice to the respondent No.2, returnable on 8.2.2023. Interim order granted vide order dated 12.8.2021 to continue till then. (SARANG V. KOTWAL, J.) PRADIPKUMAR PRAKASHRAO DESHMANE Digitally signed by PRADIPKUMAR PRAKASHRAO DESHMANE 10:38:05 +0530

Order - Status 17: 1 of 1 16-apeal-574-21 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 574 OF 2021 __________ __________ Farooq Sattar Dalvi & Anr. ..Appellants Versus The State of Maharashtra & Anr. ..Respondents Mr. Vijay S. Thakur for Appellants. Mr. S. R. Agarkar, APP for State/Respondent No.1. CORAM : SARANG V. KOTWAL, J. DATE : 8 FEBRUARY 2023 PC : Await service on the Respondent No.2. Stand over to 29/03/2023. Interim order granted earlier to continue till the next date. (SARANG V. KOTWAL, J.) Gokhale

Order - Status 19: 27.Apeal.574.2021.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO.574 OF 2021 Farooq Sattar Dalvi and another Appellant versus The State of Maharashtra and another Respondents Adv.R.S.Deshpande with Vijay Thakur, Advocates for Appellant. Ms.P.N.Dabholkar, APP, for State. CORAM : PRAKASH D. NAIK, J. DATE : 12th June 2023 Office note indicates that notice was issued to Respondent no.2 on 16th January 2023. Service report is awaited. It is noticed that this appeal is pending in this Court since long. Hence concerned Police Station is directed to take steps to intimate/serve Respondent no.2. Stand over to 5th July 2023. Interim relief granted earlier, if any, to continue till then. (PRAKASH D. NAIK, J.) MST PC :

Order - Status 21: IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 574 OF 2021 Farooq Sattar Dalvi And Anr. Appellants Versus The State Of Maharashtra And Anr. Respondents Mr. R.S. Deshpande i/by Mr. Vijay S. Thakur, Advocate for the Appellant. Ms. Pallavi N. Dabholkar, APP for the Respondent – State. CORAM : PRAKASH D. NAIK, J. DATE : th 5 JULY, 2023. PER COURT : Learned APP on instructions submit that the intimation about the hearing of this Appeal has been given to Respondent No.2. However, she has requested for time as she is undergoing some treatment. This Appeal is pending in this Court since 2021. By way of last chance the Appeal is adjourned till 12th July, 2023. Stand over to 12th July, 2023. Interim relief granted earlier shall continue to operate till the next date. (PRAKASH D. NAIK, J.) SUNNY ANKUSHRAO THOTE Digitally signed by SUNNY ANKUSHRAO THOTE Date: 2023.07.07 10:53:40 +0530

Order - Status 23: IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 574 OF 2021 Farooq Sattar Dalvi And Anr. ...Appellants Versus The State Of Maharashtra And Anr. ...Respondents …. Mr. R.S. Deshpande a/w Mr. Vijay S. Thakur, Advocate for Appellant. …. Ms. P. N. Dabholkar, APP for the Respondent – State. Ms. Saili Dhuru, Appointed Advocate for Respondent No.2.s CORAM : PRAKASH D. NAIK, J. DATE : 12 th JULY, 2023. P.C.:- Learned APP has tendered report from the concerned Police Station indicate that the intimation be given to the complainant and request is made by the complainant for providing legal aid. Report is taken on record. Learned Ms. Saili Dhuru is appointed to represent for Respondent No.2. Stand over to 19th July, 2023. Interim relief granted earlier shall continue to operate till the next date. (PRAKASH D. NAIK, J.)

Order - Status 25: IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 574 OF 2021 Farooq Sattar Dalvi And Anr. ...Appellants Versus The State Of Maharashtra And Anr. ...Respondents Mr.R. S. Deshpande a/w Mr.Vijay S. Thakur Advocate for Appellants. Ms. Saili Dhuru Advocate for Respondent No.2. Ms. P. N. Dabholkar, APP for the Respondent – State. …. …. ETHAPE DNYANESHWAR ASHOK Digitally signed by ETHAPE ASHOK Date: 2023.07.20 17:32:17 +0530 CORAM : PRAKASH D. NAIK, J. DATE : 19th JULY, 2023. P.C.:- This is an Appeal under Section 14-A of the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short "SC/ST (Prevention of Atrocities) Act"). The appellants are aggrieved by order dated 10th July 2021 passed by learned Additional Sessions Judge, Kalyan rejecting the application for anticipatory bail preferred by Appellants in connection with C.R. No. I-152 of 2021 registered with Hill Line Police Station, Thane City on 20th June 2021. The FIR was registered at the instance of Respondent No.2 for offences under Sections 354(D) of the Indian Penal Code and Sections 3(1) (r), 3(1)(w) of SC/ST (Prevention of Atrocities) Act. D.A.Ethape 11-APEAL-574-2021.doc The case of the prosecution is that, the first informant is the office bearer of political party and belongs to Scheduled Caste. She is also member of Thane District Rural Whats APP group. The accused are also member of the same political party and whats-app group. The accused posted messages on those whats-app groups which was derogatory nature. Appellant No.2 belongs to scheduled caste. Hence, offence under Section 3(1)(r), 3(1)(w) of the Atrocities Act cannot be attracted against him. The learned Sessions Judge while rejecting the application for anticipatory bail has observed that, Section 3(1)(w) is not attracted in this case. However, the application was rejected on that ground that Section 3(1)(r) is attracted qua the appellant No.1. The offence under Section 354(D) of IPC is bailable. Learned Advocate for Appellant submitted that, neither Section 354(D) of IPC nor the provision of Atrocities Act invoked against the appellants are attracted in this case. All insults or intimidation to a person will not be an offence under the Act unless such insult or intimidation is on account of victim belonging to Scheduled Caste or Scheduled Tribe. The offence under Section 3(1)(r) of the said Act indicate that the ingredient of intentional insult and intimidation must be with an intent to humiliate a member of a Scheduled Caste or a Scheduled Tribe. The whats-app messages posted were not with the object of humiliating any member of the Scheduled Caste or Scheduled Tribe. The Appellants as well as the complainant happen to be members of same political party. Assuming the language used in the posts on whats-app is derogatory, it cannot be said to have been posted with an intent to humiliate the member of the Scheduled Caste or the Scheduled Tribe. The complainant was annoyed with the Appellants taking some decisions without consulting her which led to exchange of messages. The intent therefore is absent. Learned APP and learned Advocate for Respondent No.2 submitted that, the nature of message posted by the accused was derogatory and sent with a view to insult and humiliate the complainant as she belongs to Scheduled Caste. Prima facie offences are made out and the Appellants are not entitled for anticipatory bail. It appears that, the alleged message was on account of animosity between Appellants and the complainant. Appellants as well as complainant are members of the same party and same whats-app group. In any case, the offences under the Atrocities Act cannot be applied against Appellant No.2 as he belongs to Scheduled Caste. Section 354(D) of the IPC relates to offence of stalking. Prima facie it is debatable whether the said provision can be applied in the present case. Section 3(1)(r) of Atrocities Act, provides that, whoever intentionally insults or intimidates with intent to humiliate a member of a Scheduled Caste or a Scheduled Tribe in any place within public view. Case of the complainant is that, message was sent on whats-app group. The record does not indicate that, the alleged message was forwarded to intentionally insult or intimidate the complainant because she was belongs to Scheduled Caste or Scheduled Tribe. In these circumstances, bar under Section 18 of the Atrocities Act would not be an impediment to grant relief sought in this Appeal. ORDER (i) Criminal Appeal No. 574 of 2021 is allowed. (ii) Interim order dated 12th August 2021 is confirmed. (iii) Impugned Order dated 10th July 2021 passed by learned Additional Sessions Judge, Kalyan in Criminal Anticipatory Bail Application No. 1101 of 2021 is set aside. (iv) In the event of arrest of the appellants in connection with C.R. No.I-152 of 2021 registered with Hill Line Police Station, Thane, City, they shall be released on bail on furnishing PR bond in the sum of Rs.25,000/- each with one or more sureties in the like amount. (v) Appeal stands disposed off. (PRAKASH D. NAIK, J.)

Order - Status 5: FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.566 OF 2005 Office notes, office : 14 1 · · • Memoranda of Coram, : appearances, Court's : Court's or Judge's Orders orders or directions : - & Registrar's orders. : Mr. Surel S. Shah for the petitioner. CORAM: SMT. RANJANA DESAI, J. DATED: 18TH FEBRUARY, 2005. P.C. :- Not on board. Mentioned urgently. Issue notice to the respondents. Returnable on 28/2/2005. Apart from court notice, advocate's notice is also permitted. Till 1/3/2005, there will be ad-interim relief in terms of prayer clause (d) of the petition. All concerned to act on ordinary copy of this order duly authenticated. (SMT. RANJANA DESAI, J.)

Order - Status 7: IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE SIDE JURISDICTION CRIMINAL APPLICATION NO. 3719 OF 2003 IN CRIMINAL REVN. APPLICATION NO. 360 OF 2003 Mr. Rajesh Kisanchand Agarwal. ... Applicant. V/s. Vinay Ramchandra Kulkarni and Ors. ... Respondents. Mr. S.R. Agarkar for the Applicant. Ms. U.V. Kejriwal, APP for the State. CORAM : P.V. HARDAS & SMT. ANUJA PRABHUDESSAI, JJ. OCTOBER 08, 2014. P.C. :- Learned Counsel for the Applicant states that Criminal Revision Application No.360 of 2003 has been disposed of and consequently, the present Application is rendered infructuous. Accordingly, Criminal Application No.3719 of 2003 is dismissed as infructuous. (ANUJA PRABHUDESSAI, J.) (P.V. HARDAS, J.)

Order - Status 5: IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 2531 OF 2019 Aniket Anand Pawar ...Petitioner Versus Ruchita Aniket Pawar & Ors. ...Respondents …… Mrs. Veena J. Kamble, Advocate for petitioner. Mrs. Ruchita Pawar, Respondent No. 1 in person. Mrs. Rutuja Ambekar, APP for State. CORAM : S. S. Shinde J. DATED : 12th June, 2019 P.C . Respondents No. 1 is present in Court. Learned APP Mrs. Rutuja Ambekar interacted with Respondent No. 1. Respondent No. 1 has made request to appoint advocate to represent her. Maharashtra State Legal Services Authority to appoint senior advocate from the panel within a period of one week to represent Respondent No. 1. At the request of Respondent No. 1 stand over to 4th July 2019. [S.S. SHINDE, J.]

Order - Status 7: 48-wp-2531-2019.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO. 2531 OF 2019 Mr.Aniket Anand Pawar ...Petitioner Versus Mrs.Ruchita Aniket Pawar & Ors. ...Respondents …... Mrs.Veena J. Kamble for the Petitioner. Mr.Ajit M. Savagave for the Respondents. Mrs.G.P.Mulekar, APP for the Respondent -State. CORAM : S.S.SHINDE J. DATE : 4 JULY 2019 P.C.: The learned Counsel appearing for the petitioner submits that this matter does not pertain to the assignment of this Court. Hence, remove from board. …... (S.S.SHINDE, J.)

Order - Status 9: FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.2531 OF 2019 Office Notes, Office Memorandam of Coram, appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders --------------------------------------------------------------------------------------------------------------------- --------------------------- Ms. Veena J. Kamble for the Petitioner. CORAM: SMT. SADHANA S. JADHAV, J. DATE : 22nd OCTOBER 2019. P.C. : 1 Liberty to move before Vacation Court. (SMT. SADHANA S. JADHAV, J)

Order - Status 11: Dond IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO.2531 OF 2019 Aniket Anand Pawar ..Petitioner Vs Ruchita Aniket Pawar And Ors. ..Respondents Ms. Veena Kamble for the Petitioner. Mr. A.M. Savagave for the Respondent No.1. CORAM : A.S.GADKARI, J. DATE : 15th November 2019. P.C.: 1] At the outset, the learned counsel for the respondent No.1 submitted that, there is an arrears of Rs.1,42,000/- to be paid by the petitioner to the respondent No.1. 2] Before the petitioner be heard on merits, the petitioner is directed to either deposit the said amount of arrears in the Registry of this Court or to pay to the respondent No.1 directly within a period of one month from today. 3] Stand over to 7th January 2020. (A.S.GADKARI, J.)

Order - Status 13: IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CRIMINAL JURISDICTION CR. WRIT PETITION NO. 2531 OF 2019 Aniket Anand Pawar ....Petitioner V/S Ruchita Aniket Pawar And Ors. ....Respondent None for Petitioner Mr. Ajit M. Savagave a/w Jyotsna Kamble For Respondent Adv.S.S.Hulke APP for State CORAM : NITIN W. SAMBRE, J DATE : 22nd January, 2020 P.C. : At the request of learned advocate for the Respondent No. , Stand over to 29/01/2020 ( FOR REGISTRAR JUDICIAL - I )

Order - Status 14: Bharat D. Pandit by Bharat D. 13:17:49 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 2531 OF 2019 Mr. Aniket Anand Pawar …. Petitioner. V/s Mrs. Ruchita Aniket Pawar and Ors. ….. Respondents. ---- None for the Petitioner. Mr. Ajit M. Savagave for Respondents. Mr. S.S. Hulke, APP for the State. CORAM: NITIN W. SAMBRE, J. DATE: JANUARY 29, 2020 P.C.:- Stand over to 30/1/2020 for dismissal. ( NITIN W. SAMBRE, J. )

Order - Status 17: IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO.2531 OF 2019 Mr. Aniket Anand Pawar .... Petitioner Vs. Mrs. Ruchita Aniket Pawar & Ors. .... Respondents Smt. Veena J. Kamble for Petitioner Mr. Ajit M. Savagave for Respondents. Ms. P.N. Dabholkar, APP for State. Coram : NITIN W. SAMBRE, J. Date : 30th January, 2020 P.C.: The learned counsel for the petitioner, on instructions, submits that in compliance with the last order, the petitioner is willing to deposit an amount of Rs.90,000/- in this Court by tomorrow. The petitioner is present in the Court. Since the statement is made on instructions, the same is accepted as an undertaking. The petitioner is permitted to deposit an amount of Rs.90,000/- as undertaken. The respondent-wife will be at liberty to withdraw the amount deposited. The learned Magistrate in a proceeding initiated by the respondent-wife under the provisions of D.V. Act ordered maintenance of Rs.4,000/- and additional Rs.4,000/- towards accommodation expenses, which was modified in appeal under Section 23 of the D.V. Act by reducing the amount of accommodation expenses to Rs.2,000/-. The petitioner-husband feeling aggrieved preferred this petition. The contention of the counsel of the petitioner is, the petitioner is a self employed and though he earns very meager income, he is ready and willing to maintain his wife. According to him, the respondent-wife is resident of Mumbai and presently staying with her parents. He would further urge that there is independent source of income, as the respondent is practising profession of beautician. While countering aforesaid submissions, the learned counsel for the respondent-wife would urge that the petitioner has neglected to maintain the respondent as the petitioner is in habit of not Dusane 3/4 905 wp 2531.2019.doc attending family duties his routine conduct creates serious doubt that the petitioner has some extra marital affair. According to the respondent, even if the respondent has taken training of beautician, still her earning from such profession is not sufficient to maintain herself. As such, she is forced to stay with her parents. Having appreciated rival submissions, it is not in dispute that the petitioner is self employed person, as such his average income is around Rs.12,000/- to Rs.16,000/- per month i.e. Rs.300/- to Rs.400/- per day. In the aforesaid background order of award of interim maintenance of Rs.4,000/- per month is very much justified. As the respondent-wife is staying with her parents and it is not her case that she intend to stay independently or her parents are incurring expenses towards the rent, the order of award of accommodation charges, in my opinion, is not justified. As such, the order of maintenance of Rs.4,000/- per month is confirmed, whereas, the order of award of accommodation charges of Rs.2,000/- per month is quashed and set aside. It is, however, clarified that the petitioner will be liable to pay accommodation charges till this date of the order. In response to the Court query, the petitioner submits that he shall clear entire arrears of maintenance within a period of four weeks from today, which statement is accepted as an undertaking. Let the entire amount be deposited in the Court of Magistrate within four weeks from today, to which the respondent-wife will be entitled to withdraw. The petition is partly allowed. ( NITIN W. SAMBRE, J. )

Order - Status 19: Dusane 1/1 906.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.2531 OF 2019 Mr. Aniket Anand Pawar .... Petitioner Vs. Mrs. Ruchita Aniket Pawar & Ors. .... Respondents Smt. Veena J. Kamble for Petitioner. Shri. Ajit M. Savagave for Respondent Shri. N.B. Patil, APP for State. Coram : NITIN W. SAMBRE, J. Date : 5th February, 2020 P.C.: Time to deposit the amount is extended till tomorrow, i.e. 6th February, 2020. ( NITIN W. SAMBRE, J. )

Order - Status 5: IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CRIMINAL JURISDICTION CR. ANTICIPATORY BAIL APPLN. NO. 559 OF 2018 Jamila Nasir Shaikh ....Applicant V/S The State Of Maharashtra ....Respondent Vijay Dhananjay Upadhyay For Applicant Adv. A. A. Takalkar APP for State CORAM : SMT. REVATI MOHITE DERE, J DATE : 21st March, 2018 P.C. : Stand over to 22/03/2018. ( FOR REGISTRAR JUDICIAL - I )

Order - Status 7: Anand IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 559 OF 2018 Mrs. Jamila Nasir Shaikh .Applicant Vs. The State of Maharashtra .Respondent Mr. V. D. Upadhyay, Advocate, for the Applicant Mrs. J. S. Lohokare, APP, for the Respondent – State CORAM : REVATI MOHITE DERE, J. DATE : 22.03.2018 P.C. . Heard learned counsel for the parties. By this Application, the Applicant seeks pre-arrest bail in connection with C. R. No. 56 of 2018 registered with the Malvani Police Station, Mumbai, for the alleged offences punishable under Sections 363, 364(A), 342, 354(D), 366, 506 r/w 34of the Indian Penal Code and under Sections 9, 10 & 11 of the Protection of Children from Sexual Offences Act ( for short 'POCSO' ). Learned counsel for the Applicant states that the Applicant has not been named in the FIR and that the allegations are essentially as against co-accused – Sohail. He submits that even in the remand report, the Applicant's name has not been disclosed. Learned APP states that the victim has taken the name of the Applicant as being the person who was present at the place where the incident took place. She submits that investigation is still in progress. Learned APP seeks time to take detailed instructions. In the meantime, till the next date, the Applicant is granted interim protection on the following terms & conditions :- O R D E R (i) In the event of arrest, the Applicant be enlarged on bail, on executing PR Bond in the sum of Rs. 15,000/- with one or two sureties in the like amount; (ii) The Applicant shall report to the investigating officer of the concerned police station on 2 nd & 3rd April, 2018 between 10:00 a. m. and 12:00 noon. Stand over to 10.04.2018 . To be listed on the Supplementary Board . All concerned to act on the authenticated copy of this order. (REVATI MOHITE DERE, J.)

Order - Status 11: IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL ANTICIPTORY BAIL APPLICATION NO. 559 OF 2018 Jamila Nasir Shaikh Applicant Versus The State of Maharashtra Respondent Mr. Vijay Upadhyay for the Applicant Ms. J. S. Lohokare, A.P.P for the Respondent-State API Mr. Ananda Vishnu Bagadi from Malvani Police Station is present CORAM : REVATI MOHITE DERE, J. TUESDAY, 10th APRIL, 2018 P.C. Heard learned Counsel for the parties. By this application, the applicant seeks pre-arrest bail in connection with C.R. No. 56 of 2018 registered with the Malvani Police Station, Mumbai, for the alleged offences punishable under Sections 363, 364(A), 342, 354(D), 366, 506 r/w 34 of the Indian Penal Code and under Sections 9, 10 and 11 of the Protection of Children from Sexual Offences Act. Learned counsel for the applicant states that the applicant has not been named in the FIR and that the allegations are essentially as against co-accused-Sohail. He submits that even in the remand report, the applicant's name has not been disclosed. Perused the papers. It appears and it is not disputed by the learned A.P.P that the victim has taken the name of the person, as she was present at the place where the incident took place. Learned A.P.P submits that apart from the same, there are no other allegations qua the applicant. It appears that the applicant has reported to the Investigating Officer pursuant to the interim protection granted to her vide order dated 22nd March, 2018. Considering the role of the applicant, custodial interrogation of the applicant is not required. Hence, the applicant is granted pre-arrest bail on the following terms and conditions : ORDER (i) In the event of the arrest, the applicant be enlarged on bail on executing P.R. Bond in the sum of Rs.15,000/- with one or two sureties in the like amount ; (ii) The applicant shall report to the Investigating Officer of the concerned Police Station as and when called; (iii) The applicant shall not tamper or attempt to influence the complainant, witnesses or any person concerned with the case. (iv) The applicant to cooperate with the investigating agency; The application is allowed in the aforesaid terms and is accordingly disposed of. It is made clear that the observations made herein are prima facie, for the purpose of deciding this application. All concerned to act on the authenticated copy of this order. REVATI MOHITE DERE, J.