Tanaji Balasaheb @ Balu Shendge v. The State Of Maharashtra

908--ABA-2421-2022.doc Shailaja

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.2421 OF 2022 Tanaji Balasaheb @ Balu Shendge ] Applicant Vs.

The State of Maharashtra ] Respondent .....

Mr. Rahul S. Kate, for Applicant.

Ms. Geeta P. Mulekar, A.P. P, for Respondent-State. Mr. S.M. Shinde, A.S.I, Daund Police Station. .....

CORAM : PRITHVIRAJ K. CHAVAN, J.

DATED : 5th September, 2022.

P.C.

1.

Heard.

2.

Offences punishable under sections 353, 332, 504 and 506 of the Indian Penal Code have been registered against the applicant vide C.R. No.375 of 2022 by Daund Police Station alleging that on 29th July, 2022 when the first informant who is a Wireman, while checking, some defect in the line, applicant came over there and obstructed him from discharging his duty by abusing and assaulting him by means of a wooden stick and stone.

3.

The first informant alleges that due to a grudge on account of a dispute between him and the applicant on 25th July, 2022, the applicant had assaulted and abused him.

SHAILAJA SHRIKANT HALKUDE SHRIKANT HALKUDE Date: 2022.09.06 15:56:22 +0530

908--ABA-2421-2022.doc 4.

Admittedly, on the same day, the applicant had registered an First Information Report against the first informant with the same Police Station alleging similar allegations supported with medical certificate issued by the Government Hospital indicating some trauma to the frontal bone.

5.

On being asked to the learned A.P.P as to whether the first informant is a public servant, a letter is produced from which it is not clear whether the first informant is a public servant who was obstructed by the applicant while discharging public duties and, therefore, the question of invoking sections 332 and 353 of the Indian Penal Code would not arise.

6.

In view of the above, nothing survives in this application and hence, application stands disposed of.

[PRITHVIRAJ K. CHAVAN, J.]