1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 5342 OF 2009 Shri Shrikant Appasaheb Deshmukh ...Applicant vs. The State of Maharashtra ...Respondent Mr.S.A. Ingawale i/b. Mr.Laxman S. Deshmukh for the Applicant. Mr.H.J. Dedhia, APP for the State. CORAM : V.M. KANADE, J. DATED : DECEMBER 2, 2009 P.C. :- 1 Heard Counsel for the applicant and APP for the State. 2 The applicant has been arrested in connection with C.R.No.324/2009 registered with Sangola Police Station, District Solapur, for the offences punishable under Sections 307, 188, 120-B, 2 182 and 201 of the IPC and under Sections 3, 25 and 27 of the Arms Act and under Sections 135 of the Bombay Police Act. 3 According to the complainant i.e. the applicant herein that he was contesting Assembly Elections and after returning from campaigning, a bullet was fired from another vehicle in his direction. He, therefore, registered the said complaint which was registered vide CR No.324/2009. Surprisingly, the police arrested the present applicant in the same CR which he had lodged. The Investigating Officer suspected that the applicant had filed a false complaint in order to gain sympathy from the people during the elections which were to be held on 13th October, 2009. The Investigating Officer recorded the statement of his driver under Section 164 of the Cr.P.C. in which he stated that the applicant created a drama of fire and made a false complaint that the shot was fired at him and also filed the false Injury Certificate 3 showing that he was injured on his head. According to the Investigating Officer, there was possibility that the applicant would kill his own driver and therefore, he was arrested. 4 No separate offence has been registered against the present applicant by anyone and surprisingly, he has been arrested in his own complaint. It is not possible to know under which provision, the applicant could have been arrested in his own complaint. Admittedly, no person has been injured. No separate complaint has been lodged by anyone against the present applicant. The applicant, in my view, has been illegally detained since 13th November, 2009. Under these circumstances, in my view, this is a fit case to grant bail. 5 The applicant is directed to be released forthwith on bail on execution of PR Bond in the sum of Rs.5000/- with one or two sureties in the like amount. The applicant shall initially furnish cash 4 bail and thereafter, shall furnish the said surety within two weeks thereafter. In my view, this is a fit case where an explanation is to be sought from the Investigating Officer directing him to explain under what circumstances and under which provision, the present applicant has been arrested. 6 The Investigating Officer shall submit his explanation within two weeks from today. 7 S.O. two weeks. 8 Parties to act on the authenticated copy of this order. (V.M. KANADE, J.)