K. K. Sonawane, J. - (1.) Heard. Admit. The present matter is taken up for final hearing on merit with the consent of both sides.
(2.) The present Criminal Appeal is filed for the relief to quash and set aside the impugned order dated 09-04-2019 passed by the learned Sessions Judge, Dhule, below applications Exhibit-4/D and 6/D in Special Case No. 10 of 2019 for admitting the respondents No. 3 to 8 on bail. The appellant also prayed to get arrested the respondents No. 3 to 8 and put them behind bar into the crime.
(3.) Learned counsel for the appellant-original complainant submits that the marriage of appellant was solemnized with one Nitin Mandole on 25-11-2007 under the Special Marriage Act. After the marriage, she received proper treatment for some days from the husband and inmates of matrimonial home. Thereafter, she was subjected to mental and physical cruelty by the husband and his relatives. She was also compelled for termination of her pregnancy. The husband deserted the appellant-wife and left her in lurch at the mercy of her parents. Thereafter, appellant made endeavour to file Police complaint, but did not evoke result. Eventually, she approached to the learned Magistrate and filed the private complaint. Pursuant to order passed by the learned Magistrate under Section 156(3) of the Code of Criminal Procedure, the crime came to be registered against husband and other inmates of matrimonial home at Dhule City Police Station for investigation into the allegation. According to learned counsel, the Investigating Officer (IO) did not apprehend the respondents No. 3 to 8-herein for the sake of investigation. The learned trial Court also did not make any enquiry and without appreciating factual aspect of the matter, granted bail to the respondents No. 3 to 8. The learned counsel raised objection and submits that the impugned order of granting bail to the respondents No. 3 to 8 by the learned Sessions Judge is illegal, imperfect and contrary to law. The opportunity of hearing was not provided to the appellant as prescribed under Section 15-A of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, (Hereinafter, referred to it as, "Act of 1989", for the sake of brevity). Therefore, learned counsel for appellant prayed to revoke the impugned order of granting bail in favour of respondents No. 3 to 8 and they be arrested into the crime registered against them.;