Adv. Ishwar Ramchandra Jadhav. v. The State Of Maharashtra And ANR.

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 6139 OF 2015 Adv. Ishwar s/o Ramchandra Jadhav ...Applicant versus The State of Maharashtra & anr.

...Respondents

.....

Mr. P. B. Patil, Advocate for applicant Mr. U. S. Mote, A.P.P. for respondents .....

CORAM : N.W. SAMBRE, J.

DATE : 21st JANUARY, 2016 ORAL ORDER :

The applicant is seeking pre-arrest bail in Crime No. 25/2015 registered at Chalisgaon Gramin Police Station, Dist. Jalgaon for the offence punishable under Sections 143, 147, 148, 149, 313, 354(A), 395, 294 and 506 of Indian Penal Code. 2.

Mr. Patil, learned Counsel for the applicant, while trying to make out a case for grant of pre-arrest bail, made two fold submissions (a) that though the incident is of dated 8th September, 2015, the F.I. R. came to be lodged on 10th September, 2015 and for the delay caused, there is no explanation and (b) that the applicant, office bearer of trust, who has administered educational institution, is

-2sought to be harassed by the complainant by filing false complaint, as the applicant has terminated her from service. 3.

The application is opposed by the learned A. P. P.. According to the learned A. P. P. the applicant herein claims to be law abiding citizen in the profession of advocacy, is not having any respect to law. Learned A. P. P. has invited my attention to the disrespect shown by the applicant to the various orders passed by department directing the applicant to reinstate the complainant. He would submit that there is strong prima facie case against the applicant and as such, the application be rejected. 4.

Perused the contents of the F. I. R. and investigation papers.

5.

It appears that the complainant is an employee of Ashram School as Headmaster, which is administered by the society of which the applicant is President.

6.

From the complaint, it appears that the applicant has tried to victimize by terminating her services. However, in departmental appeal, the order of reinstatement was passed, but it was not honoured by the applicant though department time and

-3again directed the applicant, rather the conduct of the applicant has kept the complainant away from the service. Apart from above, the fact remains that, family members of the applicant and office bearers of the institution, prima facie, appears to victimizing the complainant. The investigation till date depicts prima facie involvement of the applicant, who alongwith his family members and driver has assaulted the complainant, in inhuman manner. 7.

The nature of the allegation in the F. I. R. which was tested in the light of investigation, there is strong prima facie case against the applicant is made out, particularly, serious allegations in the F. I. R. and conduct of the applicant in the crime in question. In my opinion, no case for grant of pre-arrest bail is made out. The application fails, same stands dismissed.

[ N.W. SAMBRE, J. ] Tupe/21.01.2016