Bombay High Court
Sunil Shankar Rathod And Others vs The State Of Maharashtra on 22 February, 2022
Author: Vibha Kankanwadi
Bench: Vibha Kankanwadi
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
911 ANTICIPATORY BAIL APPLICATION NO.187 OF 2022
SUNIL SHANKAR RATHOD AND OTHERS
VERSUS
THE STATE OF MAHARASHTRA
...
Advocate for Applicants : Mr. A. S. Barlota h/f Mr. Bagdiya Vishal A.
APP for Respondent-State : Mr. B. V. Virdhe
...
CORAM : SMT.VIBHA KANKANWADI, J.
DATE : 22-02-2022 PER COURT :
1. Heard learned Advocate Mr. A. S. Barlota holding for Mr. V. A. Bagdiya for applicants.
2. Learned APP has strong objections for grant of interim protection. He submits that the charge-sheet is filed and it is clearly stated in the charge-sheet that the present applicants were absconding and could not be traced when twice the attempt was made. The medico legal certificate of one of the police constables on duty would show that he had received two simple injuries. The allegations in the FIR would clearly show that when the police had taken custody of a person and made him to sit in the police vehicle as they were creating unrest at the election booth, that person was brought down by the ::: Uploaded on - 22/02/2022 ::: Downloaded on - 23/02/2022 11:30:11 :::
2 ABA 187-2022 accused persons by resisting the police, and thereafter, obstruction as well as criminal force was applied against the police on duty. The offence alleged is serious. The matter is coming for the first time. He is yet to receive other papers.
3. Perusal of the FIR would show that it is lodged by one PSI attached to Aundha Nagnath Police Station, District Hingoli. It appears that there was election at Pazar Tanda and after the Zonal Officer at the polling booth gave call to the informant, he went along with other police persons. They found several persons coming inside the 100 meter area of the booth, and therefore, they were asked to go out of that area, still two persons remained namely Balu Dattarao Rathod and Dharma Shankar Rathod. They were giving indications to the voters as to how they should cast their vote. When PI Munde was asking them to go out of that area, those persons started raising chaos. When Dharma Shankar Rathod was being made to sit in the police vehicle, he had assaulted police head constable Thite. Thereafter, certain other persons came and took Dharma Rathod from the custody of police, however Balu Rathod was still in custody of the police. He disclosed the names of the other persons including the names of the present applicants.
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3 ABA 187-2022
4. It appears that the investigation has been completed and charge-sheet has been filed on 04-03-2021. It is stated to be under Section 299 of Cr.P.C. against the present applicants. The charge- sheet would show that on 30-01-2021 and 11-02-2021 on two occasions Police Inspector had directed two police persons i.e. Police Naik and Police Constable to take search of the applicants and bring them to police station. It appears that report has been lodged on 31-01-2021 and 12-02-2021 stating that they had taken search of the applicants but they could not be found, and then it appears that the charge-sheet is filed including the names of present applicants.
5. Definitely certain questions are arising in respect of the procedure that has been adopted. As regards the custody of the applicants is concerned, it can be seen from the statements of witnesses that the role attributed to the applicants is that they had taken away said Dharma Shankar Rathod from the custody of the police when he was made to sit in the police vehicle. Now nothing is required to be recovered from the applicants, and therefore, till further papers are perused, the applicants deserve grant of interim protection.
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6. Issue notice to respondents, returnable on 08-03-2022.
7. In the meantime, in the event of arrest of the applicants Sunil s/o Shankar Rathod, Dr. Dilip Laxman Chavan, Bebabai w/o Dattarao Rathod, Janabai w/o Dharma Rathod and Shyamrao s/o Rupla Jadhav, in connection with Crime No.15 of 2021, registered with Aundha Nagnath Police Station, District Hingoli, for the offences punishable under Section 143, 147, 148, 149, 353, 332, 341 of IPC and 130 (1) (2) (3) of the Representation of the People Act, 1951 and 1988, they be released on PR of Rs.30,000/- each with two solvent sureties of Rs.15,000/- each.
8. Applicants shall not tamper with the evidence of the prosecution.
(SMT. VIBHA KANKANWADI) JUDGE vjg/-.
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