1 mpt IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 639 of 2010 Kashinath N. Thakur ... Applicant versus The State of Maharashtra ... Respondent ... Mr.Rahul Thakur for the applicant. Mrs.A.A. Mane APP for the State. CORAM : D.G. KARNIK, J. DATED : 16th February 2010 P.C. 1. Heard. 2. By this application, applicant seeks bail in connection with C.R. No. I-9/10 registered with Khargar Police Station, Dist.Raigad for an alleged offence punishable u/s.353, 332, 504, 506II, 86 r./w section 34 of the IPC and section 51, 52 and 53 of the MRTP Act 1966. 3. The applicant is the owner of brick kiln. It is alleged that applicant was running the brick kiln unauthorizedly. When the Government officers including Mr. Sumant N. Bhange, Addl. District Collector, (hereinafter referred to as “complainant”) came to the spot 2 for the purpose of stopping unauthorized brick kiln, it is alleged that legislator Prakash Thakur and legislator Vivek Patil and others intervened and discussions were going on regarding further actions to be taken. At that time, Mr. Vishwanath Thakur, brother of present applicant Kashinath slapped the complainant. He is alleged to have committed the offence of obstructing public servant while performing his duty, threatening and assaulting him. The FIR does not disclose that presence of Kashinath, present applicant at the time when the complainant is alleged to have been slapped. There is no allegation that the present applicant had instigated his brother Vishwanath to slap the complainant. Thus, the offence alleged against the present applicant appears to be only unauthorized operation of the brick kiln. There is no material on record that he obstructed, threatened or assaulted the complainant. In my view, applicant can be granted bail. Hence I pass the following order:- O R D E R Applicant be released on bail on executing a P.R. Bond of Rs. 15,000/- with one surety of the like amount subject to a condition that he shall not threaten any of the prosecution witness nor interfere with the investigation. He shall attend the concerned police station on 22nd February 2010 and 26th February 2010 between 11.00 am and 5.00 p.m for the purpose of interrogation/investigation and also on such other dates on which he may be specifically summoned. (D.G. KARNIK,J.)