Vikramsinh Balasaheb Patankar v. The State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 1955 OF 2018 Vikramsinh Balasaheb Patankar ...Applicant

Versus

The State of Maharashtra

...Respondent

.....

Mr. Hiten Venegaonkar with Mr. Ajay L. Bhise for the Applicant. Mr. S.S. Pednekar, APP for the Respondent-State. CORAM : SMT. ANUJA PRABHUDESSAI, J.

DATED: 8th OCTOBER, 2018.

P.C.:- This is an application under Section 438 of the Cr.P.C. filed by the aforesaid Applicant apprehending his arrest in Crime No.159 of 2018 registered at Patan Police Station, District-Satara, for offences punishable under Sections 353, 332 and 504 r/w. 34 of the Indian Penal Code, 1860.

2.

Heard Mr. Venegaonkar, the learned counsel for the Applicant and Mr. S.S. Pednekar, the learned APP for the Respondent -State. I have perused the records and considered the submissions advanced by the learned counsels for the respective parties. 3.

The aforesaid crime was registered pursuant to the FIR lodged by one Agriculture Officer, Pravin Anand Awate. A perusal of 1/4

the said FIR prima facie reveals that on 30.8.2018 a training programme was organised by Agriculture Technical Management, i.e. the Government organisation in collaboration with Richfield Fertilizers Pvt. Ltd. Several farmers had attended the program. It is alleged that at about 12 to 12.30 p.m., the Applicant alongwith two of his associates came on the stage and questioned as to how such programe is conducted when there is drought in the village. It appears that there were arguments between the first informant and the Applicant over the said issue. The first informant has stated that the Applicant herein had abused him and had slapped him and had told the farmers not to attend the programme. Based on the said first information report aforestated crime was registered for offences under Sections 332 and 504 r/w. 34 of the IPC.

The supplementary statement of the Applicant was recorded on 31/8/2018 wherein he has stated that apart from the Applicant and his two associates, some other persons were also involved. Based on the said statement provisions of Sections 143, 147 and 149 were added.

4.

The alleged offence is punishable with maximum sentence of three years. Nature of the allegations do not warrant custodial interrogation. The Applicant is a permanent resident of the State and 2/4

there is no possibility of his absconding. The learned APP has stated that the Applicant has no criminal antecedents. 5.

Considering all the above facts and circumstances, in my considered view, this is a fir case for grant of pre-arrest bail. Hence, the following order:- (i) In the event of arrest of the Applicant in Crime No.159 of 2018 registered at Patan Police Station, District-Satara, he shall be released on bail on furnishing bail bonds of Rs.25,000/- with one or two solvent sureties in the like amount.

(ii) The Applicant shall report to the Investigation Officer, for a period of four days from 15.10.2018 between 11.00 a.m. to 2.00 p.m. and further as and when required and called by the Investigation Officer.

(iii) The Applicant shall furnish his permanent as well as temporary address, if any, and his contact details to the concerned Investigation Officer. (iv) The Applicant shall not change his residential address without prior intimation to the concerned 3/4

Investigation Officer.

(v) The Applicant shall not interfere with the first informant and other witnesses in any manner.

(SMT. ANUJA PRABHUDESSAI, J.) by Megha Shridhar Parab Date:

2018.10.11 18:14:58 +0530 Shridhar Parab 4/4