Mr. Shashiroshan Jayprakash Singh v. State Of Mah. Thr. Inspector Incharge, Ramnagar Ps Chandrapur

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CRIMINAL APPLICATION (ABA) NO. 603/2021 ( Shashiroshan Jayprakash Singh Vs. State of Maharashtra) Office notes, Office Memoranda of Coram, appearances, Court'

s orders Court' s or Judge'

s Orders or directions and Registrar'

s orders.

Shri Soumitra Paliwal, Advocate for applicant. Shri S.D.Sirpurkar, APP for non-applicant/State. CORAM : VINAY JOSHI, J.

DATE : 12.10. 2021.

Heard.

2.

In anticipation of arrest in Crime No.

680/2021 registered with the Police Station Ramnagar, District Chandrapur for offence punishable under Section 505 (2) of the Indian Penal Code, the applicant is claiming for pre-arrest protection.

3.

It is the prosecution case that the applicant has posted some derogatory statements against religion. The statements made in the post are of such a nature which would create enmity and hatred in between classes. The learned counsel

for the applicant has submitted that already the posts were removed. Moreover, the applicant has filed affidavit with an undertaking that he will not use social media platform for the period of next one year. The alleged offence is punishable with imprisonment, which may extend to three years. Nothing is to be seized at the instance of the accused.

4.

Having regard to the facts of the case, the applicant liberty can be protected by directing him to join investigation and on the following conditions:

(i) Application stands partly allowed.

(ii) Ad-interim order dated 14.09.2021 is hereby made absolute upon same terms and conditions.

(iii) Henceforth, the applicant shall continue to attend concerned Police Station on alternate Sunday in between 11.00 a.m. to 02.00 p.m. till filing of charge-sheet or for a period of 60 days whichever is earlier.

(iv) The applicant shall abide by himself of

the undertaking given by him by way of an affidavit.

Breach of either conditions may give rise to the State to move for cancellation.

JUDGE ambulkar.