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Pre-Arrest Bail Granted To Chairman Habib Group Trusts in SC/ST Act Case: Bombay High Court

Team SoOLEGAL 2 Jan 2023 1:18pm

Pre-Arrest Bail Granted To Chairman Habib Group Trusts in SC/ST Act Case: Bombay High Court

New Delhi: The Hon’ble Division Bench of Justice A.S Gadkari and Justice Prakash Naik, Bombay High Court, granted anticipatory bail to Javed Raza Shroff in a Criminal Appeal No. 1119/2022 vide judgement dated 20.12.2022.

Javed Raza Shroff filed an appeal under Section 14-A of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.Javed Shroff, Chairman Habib Group Trusts was accused of sexual harassment against a teacher employed with the trust. A FIR was lodged against him and he apprehended arrest in C.R. No.571 of 2022 registered with Dongri Police Station for offences under Sections 354(A), 504, 506, and 509 of Indian Penal Code and Sections 3(1) (W)(I)(II) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

Relying upon various Supreme Court judgements, the Court found that there was a delay in filing FIR against the Appellant and also sexual harassment allegations weren’t made in a complaint of harassment to the police just 10 days prior to the FIR. Prima Facie it appears to the court that allegations made are an afterthought, so the Hon’ble Court held that the allegations made by any individual belonging to any particular caste cannot be treated as enough ground to deprive a person of his liberty without any scrutiny specifically when such allegations on the very face of it are appearing motivated, Hence the Hon’ble court granted anticipatory bail to the Appellant.



Tagged: Bombay High Court  
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