Ramij Razzak Dange v. State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 185 OF 2023 Ramij Razzak Dange ...

Applicant

Versus

The State of Maharashtra ...

Respondent .........

Ms. Pooja Sejpal instructed by Mr. Nitin Sejpal for the Applicant. Ms. Veera Shinde, APP for the State.

PSI M.S. Hivarkar, Roha Police Station, present. .........

CORAM : N.R. BORKAR, J.

DATED : 24 JANUARY 2023 P.C. :- .

This is an application filed under Section 438 of the Code of Criminal Procedure, 1973 for anticipatory bail. 2.

The applicant is apprehending his arrest in Crime No. 215 of 2022 registered at Roha Police Station, for the offences punishable under Sections 143, 147, 183, 186, 353, 189, 427 of Indian Penal Code and Section 138 of the Indian Electricity (Amendment) Act, 2003. 3.

The complainant is working as Assistant Engineer with MSEDCL. On 21 November 2022, during inspection, he found that electricity meters installed at the premises of the applicant and other coaccused were tampered. It is alleged that after preparing necessary report, 1 / 3

when he was trying to remove electricity meters, the present applicant and other co-accused started shouting. It is alleged that thereupon about 50 to 60 persons, gathered at the place of incident. It is alleged that he was manhandled and threatened. It is further alleged that other officials who were with the complainant were also threatened. 4.

I have heard the learned Counsel for the applicant and the learned APP for the State.

5.

The learned Counsel for the applicant submits that the Sessions Court has released the co-accused Mrs. Shabana Naushad Bade on anticipatory bail. It is submitted that role attributed to the said co-accused Shabana Bade and the present applicant is identical. It is submitted that nothing is to be recovered at the instance of the present applicant and therefore, there is no need of his custodial interrogation. 6.

On the other hand, the learned APP for the State submits that the the applicant is involved in three more crimes, out of which two crimes are of similar nature. It is submitted that considering the nature of offence, the applicant may not released on anticipatory bail. 7.

I have perused the F.I.R. It appears that applicant and other co-accused prevented the complainant and other official from taking into custody electricity meters, though during inspection the said meters were found to be tampered. It appears that complainant and other officials were abused and threatened. Considering the overall facts and circumstances of 2 / 3

the case and as the applicant is involved in two more crimes of similar nature, I am not inclined to grant anticipatory bail to the present applicant. In the result, the following order is passed : (i) Application is rejected.

( N.R. BORKAR, J. ) by KANCHAN PRASHANT DHURI Date: 2023.02.02 14:14:22 +0530 KANCHAN PRASHANT DHURI 3 / 3