Cri. Apln. No. 1813/11 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 1813 OF 2011 Anant s/o. Dattatrya Lokhande, R/o. 7711, Dwarkanagar, Rangbhavan, Sarjepura, Ahmednagar. ....Applicant. Versus The State of Maharashtra ....Respondent. Mr. Hemant U. Dhage, Advocate for applicant. Mr. N.H. Borade, APP for State/respondent. CORAM : T. V. NALAWADE, J. DATED : 21st June, 2011. PER COURT : 1. This application is filed for anticipatory bail in Cr. No. 113/2011 registered in Tofkhana Police Station, District Ahmednagar for offences punishable under sections 147, 149, 341, 427, 336 of the Indian Penal Code, under sections 37 and 135 of the Bombay Police Act and under section 3 of Maharashtra Act in respect of Prevention of Damage to Public Property. The APP is ready with the papers of investigation. Both the sides are heard. Cri. Apln. No. 1813/11 2 2. The crime is registered on the basis of report given by police officer against the present applicant and others. Allegations are made that the present applicant and others were staging Dharna and Rasta Roko in public place as they wanted to protest in respect of inaction on the part of police. It is contended that when Rasta Roko was done, police attempted to convince the present applicant, who is the leader of the Labour Union, not to obstruct the traffic, but the traffic was obstructed. Ultimately the mob of more than 200 persons collected by the leaders went out of control and there was stone pelting. Due to stone pelting damage was caused to three S.T. Buses and one private tempo. 3. The advocate of the applicant submitted that section 3 of the Maharashtra Prevention of Defacement of Property Act, 1995 is mentioned by police in FIR. In that case, the application itself will not be tenable as this offence and other offences are bailable. The APP submitted that the offence falls under section 3 of the Maharashtra Prevention of Damage to Public Property Act 1984. For this offence, when a mischief, causing damage to the public property, the punishment provided is imprisonment which may extend to five years and with fine. The aforesaid allegations and spot panchanama show that the offence falls under section 3 of the Prevention of Damage to the Public Property Act, 1984. Cri. Apln. No. 1813/11 3 4. The incidents of Rasta Roko and causing damage to public property are increasing day by day. The submissions in this proceedings show that most of the followers of the applicant were arrested and they were released on bail. It is submitted by the advocate of the applicant that two persons were granted anticipatory bail and they were also described as leaders. In any case, this court is of the view that it needs to be shown to such leaders that they cannot escape, if they collect mob and cause damage to public property. In view of the peculiar circumstances of the case, this Court holds that the applicant is not entitled to discretionary relief. Application stands rejected. 5. Observations made in this order are prima facie and they will not come in the way of the Trial Court while deciding the case. [ T. V. NALAWADE, J.] ssc/criapln1813.11