1609aba286.11+.odt 1/4 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, APPELLATE SIDE NAGPUR BENCH, NAGPUR CRIMINAL APPLICATION (ABA) NO. 286 OF 2011 (Anil Motiram Sathwane & 2 others Vs. The State of Maharashtra) WITH CRIMINAL APPLICATION (ABA) NO. 292 OF 2011 (Punjabrao Gangaramji Malode & another Vs. The State of Maharashtra) ................................................................................................................................................................................................................. Office Notes, Office Memoranda of Coram, appearances, Court orders or directions Court's or Judge's Order and Registrar's orders ........................................................................................................................................................................................ Shri R. M. Patwardhan, Adv. for the applicants in ABA No. 286/11. Shri C. H. Jaltare, Adv. for applicants in ABA No.292/11. Shri S. S. Doifore, A.P.P. for the respondent-State. CORAM : U. V. BAKRE, J. DATED : 16TH SEPT., 2011 1. This common order shall dispose of the above two applications for pre-arrest bail filed by the applicants who apprehend their arrest in Crime No. 68 of 2011 of Narkhed Police Station registered for offence punishable under Sections 143, 147, 148, 149, 324, 326, 332, 333, 341, 307, 353, 426, 435 of the Indian Penal Code, Section 135 of the Bombay Police Act and Section 3 of the Prevention of Damage to Public Property Act, 1984. 2. As per the report lodged by the complainant Sanjay Jogdand, Police Inspector, Police Station- Narkhed, he received message from Police Constable Shri Tabhane of Mowad Police Chowki stating that Janrao and Punjabrao, opposition leaders of Nagar Parishad have gathered a mob and are moving in the market for closing the market area and that the said mob of persons is going towards Police Chowki, Mowad. The complainant went to Mowad Police Chowki along with the staff and saw about 100 to 150 persons shouting near the Police Chowki by closing the gate of Police Chowki. Out of the said persons, Anil Sathwane, Panjabrao Malode, Janrao 1609aba286.11+.odt 2/4 Keote and 10 other persons gave to the complainant a written representation in respect of Firoz Salim Sheikh, President of Nagar Parishad and member of Rashtrawadi Congress and Firoz Shabi Diwan , Vice President of Nagar Parishad stating that said persons have outraged the modesty of one Reshma and have committed illegal act against her due to which action should be taken against them. The said persons were also demanding custody of Police Constable Pramod Tabhane as the said illegal act was done in his police quarters. The complainant then informed the Sub Divisional Police Officer, Katol and police staff along with rifles came to the spot and since persons from the mob were shouting and demanding the custody of Pramod Tabhane and since they threatened that they will set Police Chowki and police vehicles on fire and had encircled the Police Chowki thereby not allowing the police staff to come out and further since they started pelting stones, the S.D.P.O. directed for “Lathi charge”. Due to pelting of stones, Yogesh Elapure, Police Inspector sustained injury whereas Lady Police Constable Supriya sustained head injury. Tyres, cotton balls have been set on fire and burning Mashals were thrown towards the police personnel. The accused persons also started setting fire to the shops in the locality. Ultimately, with the permission of the competent authority, fire round in the air by the police personnel was conducted, in spite of which, the persons from the mob did not stop the illegal activities. It is further stated in the complaint that 32 accused persons have been arrested whereas the applicants ran away from the spot. 3. The three applicants of A.B.A. No. 286/11 have stated that the applicant No.1 is the President and the applicants No. 2 and 3 are members of Mowad Nagar Parishad and as such represent the public at large in the matters of public importance. They have alleged that according to the Police Station Officer himself, the applicants were within the four walls of Police Chowki discussing the matter dated 02/8/2011 which had taken place in the quarter of police constable, Tabhane and were prevented from going outside in view of the stone pelting resorted to by unruly mob. According to the said 1609aba286.11+.odt 3/4 applicants , therefore, the story of the prosecution could not be believed as against them. 4. The two applicants in A.B.A. No. 292/11 say that they are elected Ward members of Nagar Parishad Mowad and reputed social workers and have been falsely implicated in the case as the Police Officers want to save their own skin. 5. The respondent-State claims that there is strong prima- facie case against the applicants regarding their participation and that there is direct as well as circumstantial evidence them. 6. Heard arguments. Learned Advocates Shri R.M. Patwardhan and C. H. Jaltare argued on behalf of the applicants whereas learned A.P.P. Shri S. S. Doifode argued on behalf of the respondent-State. 7. Perused the material on record. 8. Prima-facie, it is seen that the intention of the people who had gathered at the Police Chowki was not illegal but was of social cause and they wanted to give written representation in respect of an incident which had occurred on 2/8/2011 in the official quarters of Police Constable Pramod Tabhane against a girl. It is seen that the offence has been registered against 32 known persons and about 1500 unknown persons. That shows as to how big a crowd had gathered. There was action on both the sides. Lathi-charge was done by the police and even fire round was conducted. It is seen from the record that the injuries sustained by the police personnel are simple in nature. Nothing is required to be recovered at the instance of the present applicants. Merely to trace out the names of other accused persons, the present applicants cannot be detained in custody in the event of their arrest. There is absolutely no evidence shown by the respondent-State to make this court believe that the applicants are absconding. It is not the contention of the respondent that the applicants are habitual offenders and likely to flee from justice. 1609aba286.11+.odt 4/4 9. Considering the peculiar circumstances of the case and the alleged involvement of about 1500 people in the crime, I am of the view that no purpose will be served by detaining the present applicants in custody in the event of their arrest. 10. In the result, both the applications are allowed. In the event of arrest of the applicants in Crime No. 68/2011 registered at Police Station Narkhed for offence punishable under Sections 143, 147, 148, 149, 324, 326, 332, 333, 341, 307, 353, 426, 435 of the Indian Penal Code, Section 135 of the Bombay Police Act and Section 3 of the Prevention of Damage to Public Property Act, they shall be released on bail upon execution of personal recognition bond, by each of them, in the sum of Rs. 15,000/- (rupees fifteen thousand only) with one solvent surety in the like amount under the following conditions :- {i} The applicant/s shall attend Narkhed Police Station as and when called upon by the Investigating Officer, to do so. {ii} 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 from disclosing such facts to the Court or to any Police Officer. {iii} The applicants shall not leave India without previous permission of the concerned Court having jurisdiction to try the case. Application stands disposed of accordingly. Hamdast allowed. JUDGE 