Datta Balbhim Pol And ANR v. The State Of Maharashtra

1 924.281.19 aba.doc ISM

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 281 OF 2019 Datta Balbhim Pol and another .....Applicants V/s.

The State of Maharashtra .....Respondent Mr. Nitin S. Satpute advocate for the applicant Ms. Sharmila S. Kaushik APP for the State CORAM : NITIN W. SAMBRE, J.

DATE :

FEBRUARY 1, 2019.

P.C.

In Crime No. 885/2018 registered with Yerawada Police Station for offence punishable under Sections 353, 188 r/w 34 of the Indian Penal Code, applicants are seeking pre-arrest bail. The prosecution case is, applicants, activists of political party has abused the public servant when he was discharging his official duty.

The learned counsel for the applicants submits that case is

2 924.281.19 aba.doc other way round as the applicants have lodged complaint against the complainant as the complainant was under influence of liquor at the relevant time. According to him, so as to harbour complainant, applicants are made involve in the present false offence. The learned APP opposed the claim based on the investigation carried out.

Apart from the statement of an independent eye witness, there are antecedents against the applicants. Applicants are styling themselves to be social workers and the very conduct as is reflected in the F.I.R. and in the investigation papers speaks of complete disregard and dis-respect to the Law and Order. They have intentionally tried to overreach the authority of public servant who was discharging his official duty by conducting themselves contrary to law. The contents of F.I.R. and other material, prima facie demonstrate the involvement of the applicants in the crime in question. That being so, applicant is rejected. [NITIN W. SAMBRE, J.]