Shrimant Pandurang Markhande v. The State Of Maharashtra And Another

2024:BHC-AUG:15337 -1-

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 54 ANTICIPATORY BAIL APPLICATION NO. 440 OF 2024 Shrimant Pandurang Markhande

VERSUS

The State of Maharashtra and another ...

Advocate for Applicant : Mr. Kodale Vikas G.

APP for Respondents: Ms. Rashmi P. Gour .....

CORAM : SHIVKUMAR DIGE, J.

DATED : 22nd JULY, 2024.

PER COURT :- 1.

The applicant apprehends arrest in connection with crime No. 82 of 2022 registered with Shirur Anantpal Police Station, district Latur, for the offence punishable under sections 353, 504 r.w. 34 of Indian Penal Code.

2.

It is prosecution's case that on 21.5.2024 at 10.00 a.m. when the informant and his lineman were connecting high level electricity wires, it is alleged that at that time, the applicant and one lady obstructed them from doing the Government work. It is alleged that the applicant had caught hold the shirt of the informant and abused him.

3.

It is the contention of the learned counsel for the applicant that

-2the applicant is 96 years old. He has been falsely implicated in this crime. The custodial interrogation of the applicant is not required and hence requested to allow the application.

4.

It is the contention of the learned APP that the applicant and co-accused obstructed the public servants from doing their work. They were connecting the electricity wires. The applicant abused the informant. Considering the allegations against the applicant, his custodial interrogation is required and requested to reject the application.

5.

I have heard both the learned counsel. Perused the F.I.R. and the police papers produced on record. The allegations against the applicant are that he obstructed the informant from doing his job. It is alleged that the applicant caught hold the shirt of the informant and abused him. Considering the allegations against the applicant and that he is 96 years old, the custodial interrogation of the applicant is not required. Hence I pass the following order :-

O R D E R

(i) The application is allowed.

-3- (ii) The interim anticipatory bail granted to the applicant vide order dated 19.03.2024 stands confirmed on the same terms and conditions with following modification :- (a) the applicant shall attend the concerned police station as and when required by the Investigating Officer.

(SHIVKUMAR DIGE, J.) rlj/