Aoudumbar Anil Sagar And ORS v. The State Of Maharashtra
2024:BHC-AS:1742
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO.151 OF 2024 Aoudumbar Anil Sagar & Ors.
...Applicants
Versus
The State of Maharashtra
...Respondent
Mr. V. V. Phatate, for the Applicants.
Ms. Anamika Malhotra, APP for the Respondent-State. Mr. Prashant Ashok Kundurkar, HC 1231 attached to Pandharpur City Police Station present.
CORAM : MADHAV J. JAMDAR, J.
DATED : 15th JANUARY 2024 P.C. :
1.
Heard Mr. Phatate, learned Counsel appearing for the Applicants and Ms. Malhotra, learned APP appearing for the Respondent/State.
2.
This is a regular Bail Application preferred under Section 439 of the Code of Criminal Procedure, 1973. The relevant details are as follows:- 1.
C.R. No.
2.
Date of Registration of F.I.R. 03/12/23 3.
Police Station Pandharpur City Police Station 4.
Sections Applied 353, 332, 294, 143, 147, 149 of 1/5
the I.P.C., 1860 and 135 of the Maharashtra Police Act, 1951.
5.
Date of Incident 02/12/23 6.
Date of Arrest 04/12/2023 3.
The allegation against the Applicants who are the transgenders is that the Applicants have harassed and abused one devotee in the premises of Shri Vitthal-Rukmini Mandir, Pandharpur. The allegation also includes that of demanding money, assault and of forcible disrobing.
4.
Although the Chargesheet is not filed, in the Application seeking remand itself it is stated that the investigation is completed. 5.
Learned Counsel appearing for the Applicants has pointed out paragraph Nos.19 to 21 of the Order passed by the learned Additional Sessions Judge, Pandharpur ("impugned Order") where some unmerited and unnecessary observations were recorded. Even the learned APP, appearing for the State also states that such observations should not have been recorded. Such stereotypical and generalising observations are regarding the behaviour of the transgenders is uncalled for. Transgenders are citizens of this country. Article 21 of the Constitution of India protects the right to life and personal liberty 2/5
of all citizens. The right to life includes right to live with dignity. Therefore, the observations which are recorded in Paragraph Nos.19 to 21 of the said impugned Order should not have been recorded and are not required or material for consideration of a Bail Application. 6.
Although, the Charge-sheet is not filed, the investigation is completed. The trial is unlikely to conclude any time soon and is likely to take a considerably long time. The Applicants do not appear to be a flight risk.
7.
Accordingly, the Applicants can be enlarged on bail by imposing conditions. Hence, the following order:-
O R D E R
(a) The Applicants-Aoudumbar Anil Sagar, Samadhan Namdev Londhe, Girish Baburao Koli, Vishnu @ Vaishnavi Vasant Waghmare be released on bail in connection with C.R. No.738 of 2023 registered with the Pandharpur City Police Station, Taluka Pandharpur, District Solapur on their furnishing P. R. Bond of Rs.5,000/- each with one or two sureties in the like amount.
(b) On being released on bail, the Applicants shall 3/5
furnish their cell phone number and residential address to the Investigating Officer and shall keep him updated, in case there is any change.
(c) The Applicants shall report to the Pandharpur City Police Station, Taluka Pandharpur, District Solapur once every week, on every Sunday between 11.00 a.m. and 1.00 p.m. till the filing of the Chargesheet. (d) The Applicants shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him/her from disclosing the facts to Court or any Police Officer.
(e) The Applicants shall not tamper with the evidence and shall not contact or influence the Complainant or any witnesses in any manner.
(f) The Applicants shall attend the trial regularly. The Applicants shall co-operate with the Trial Court and shall not seek unnecessary adjournments.
(g) The Applicants shall surrender their passport, if any, to the Investigating Officer.
4/5
8.
The Bail Application is disposed of.
[MADHAV J. JAMDAR, J.] 5/5 Signed by: Sonali Patil Designation: PA To Honourable Judge Date: 15/01/2024 17:02:58