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Bombay High CourtABA/576/2022application allowed

Raghoji Malhari Borkar v. The State Of Maharashtra

2022-06-23Hon'Ble Shri Justice S. G. Mehare2 pages

918-ABA.576-22.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 918 ANTICIPATORY BAIL APPLICATION NO.576 OF 2022 RAGHOJI MALHARI BORKAR

VERSUS

THE STATE OF MAHARASHTRA ...

Advocate for Applicant : Mr. Rathi Swapnil S. APP for Respondent-State : Ms. V. S. Choudhari. ...

CORAM : S. G. MEHARE, J.

DATE : 23.06.2022 PER COURT :- 1.

Heard the learned counsel for the applicant and the learned APP for the State.

2.

The allegations have been levelled against the applicant that he went to the Government Warehouse and asked the complainant "why he has not immediately uploaded the data of the ration shop owners". Thereon, there was the dispute and the incident happened. It seems that failure of the services to be rendered by the public servant to the public is the cause of the incident. After having gone through the FIR, there appears nothing to be recovered and discovered from the applicant. It seems, the incident happened out of the anger. It is a matter of concerned that such type of incidents are repeatedly happening

918-ABA.576-22.odt and public is taking the law into their hands. If the services are not promptly rendered to the public, the Higher Authority should take care to avoid such instances due to delayed service to the public. Be that as it may, the prosecution has no case for custodial interrogation. Hence, the following order :

O R D E R

(i) The application is allowed.

(ii) In the event of arrest, the applicant Raghoji Malhari Borkar, shall be released on bail in Crime No.173 of 2022, registered with Police Station Hingoli City, District Hingoli, for the offences punishable under Sections 353, 332, 427, 504 read with Section 34 of the IPC, on furnishing P.B. and S.B. of Rs.15,000/- (Rupees Fifteen Thousand only) with one solvent surety of the like amount, on the conditions that he shall attend the Police Station as and when called by the Investigating Officer on written notice. He shall not tamper with the prosecution witnesses.

(iii) Humdast allowed.

(S. G. MEHARE, J.) ...

vmk/-