Mansub Maruti Thorat v. The State Of Maharashtra

(1)

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD 910 ANTICIPATORY BAIL APPLICATION NO.1236 OF 2021 MANSUB MARUTI THORAT

VERSUS

THE STATE OF MAHARASHTRA ...

Mr. Arwind Kawade and Mr. R.K.Wagh, Advocates for the applicant. Mr. S.B.Narwade, A.P.P. for respondent - State. ...

CORAM :

PRAKASH D. NAIK, J.

DATE :

18-11-2021 ORDER :

1.

The First Information Report (for short "F.I.R.") was registered on 26.09.2021 vide Crime No. 157/2021 with Veergaon Police Station, Taluka Vaijapur, District Aurangabad for the offences punishable under Sections 353, 332, 504 and 506 of the Indian Penal Code. The case of the prosecution is that, the complainant is a Gramsevak. Applicant visited the office of Grampanchayat. He demanded proceedings book and then abused and threatened the complainant.

2.

Learned Counsel for the applicant submitted that the applicant has been falsely implicated in this case. He is a senior citizen aged about 72 years.

3.

Learned A.P.P. submitted that the complainant is a lady. She is a public servant. There is no reason for the applicant to

(2) threaten or abuse her. There is evidence to show that the applicant has obstructed the public servant while discharging duty. During the investigation statements of eye witnesses were recorded, which attribute the role to the applicant.

5.

The applicant was granted interim protection by order dated 20th October 2021. He is a senior citizen aged about 72 years. The applicant has complied with the direction of reporting the Investigating Officer on 25.10.2021 and 26.10.2021. 6.

Considering the aforesaid circumstances, the applicant need not be subjected to custodial interrogation. Hence, the following order.

ORDER

(i) ABA No. 1236 of 2021 is allowed.

(ii) Interim order dated 20th October 2021 is confirmed. (iii) In the event of arrest of the applicant in Crime No.157/2021 registered with Veergaon Police Station, Taluka Vaijapur, District Ahmednagar, the applicant be released on bail on executing P.R. bond in the sum of Rs. 20,000/- with one or more sureties in the like amount.

(iv) The applicant shall not approach the complainant and shall not tamper with the evidence in any manner.

(3) (v) The applicant shall appear before the Investigating Officer as and when called for, till filing of the chargesheet. (vi) The application stands disposed of.

(PRAKASH D. NAIK, J.) VD_Dhirde