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Misc. Appln. No.07/2022
Shamrao V/s. State
CNR No.MHRGO10000322022
:: ORDER BELOW EXH.1 ::
01. This is an application, filed u/sec. 439 of Cr.P.C. for
granting bail from C.R. No. I 02/2022, registered with Pen
Police Station, punishable u/s. 353, 332, 504 and 506 of Indian
Penal Code and 85(1)(b) of the Maharashtra Prohibition Act.
02. The case of the accused/applicant in brief is that, on
complaint dated 01/01/2022 of complainant LPC Smt. Puja
Nilesh Warde, of Pen Police Station, the said police station
registered aforesaid offence, against him, on allegations that,
on 31/12/2021 at about 11.30 p.m. in office of PSO of Pen
police station, he shouted loudly, inflicted fist blows on the
table of the complainant and PSI Smt. Ghadge, when they were
listening the complaint of victim of repeated rape, abused, made
commotion and when Police Constable Shri. Madhavi and
Police Naik Shri. Gujarathi were giving understanding to him,
he beat them by fist blows and when Police Head Constable
Shri. Jadhav, Police Head Constable Shri. Desai and Police Head
Constable B.No. 819 were taking him to medical examination,
he abused and beat PHC Shri. Jadhav by kicks and slapped
Police Naik Shri. Gujarathi. He is innocent person. He is falsely
and malaciously implicated in the offence, due to some previous
grudge. The offence is not punishable either with death or
imprisonment for life. There is no prima facie evidence against
him. He has no concern with alleged offence. He is ready to co
Order/Exh.1 -2- Cri. Misc. Appln. No.07/2022
06. Heard. Perused record. Following points arise for
determination and my findings thereon for the reasons recorded
thereunder are as follows:
2. What order ? ...As per final
order.
REASONS
Point Nos.1 and 2 :
09. It reveals that, on complaint dated 01/01/2022 of
complainant LPC Smt. Puja Nilesh Warde, of Pen Police Station,
the said police station registered aforesaid offence, against the
accused/applicant, on allegations that, on 31/12/2021 at about
Order/Exh.1 -4- Cri. Misc. Appln. No.07/2022
11.30 p.m. in office of PSO of Pen police station, he shouted
loudly, inflicted fist blows on the table of the complainant and
PSI Smt. Ghadge, when they were listening the complaint of
victim of repeated rape, abused, made commotion and when
Police Constable Shri. Madhavi and Police Naik Shri. Gujarathi
were giving understanding to him, he beat them by fist blows
and when Police Head Constable Shri. Jadhav, Police Head
Constable Shri. Desai and Police Head Constable B.No. 819
were taking him to medical examination, he abused and beat
PHC Shri. Jadhav by kicks and slapped Police Naik Shri.
Gujarathi.
10. The accused/applicant has not denied his status as
Police Official. However, his Advocate Shri. A.S. Bangera
submitted that, now he is suspended.
offence and if he is released on bail no deterrence will remain
and he will abscond and tamper prosecution evidence in present
case also. However, Advocate of accused/applicant rightly
submitted that, the maximum punishment provided for the
offence registered against the accused/applicant is 5 years and
fine and considering the same, at this particular stage, it cannot
be equitable with the offence having punishment of death or
imprisonment for life. The objection respect of absconding and
tampering/pressurizing prosecution witnesses can be taken care
of by taking heavy surety and by imposing stringent conditions,
as is rightly submitted by Advocate of accused/applicant.
14. Advocate of accused/applicant by relying on case of
Khemlo Sakharam Sawant Vs. State 2002 (1) Bombay C.R.
689 rightly submitted that, the Court should not get swayed by
perception of morality but should confine it's decision to the
requirment of law. In cases of offences not punishable with
death or imprisonment for life, grant of bail is rule and jail is an
exception.
15. Considering facts, circumstances, evidence on record
and legal position discussed above, I come to the conclusion
Order/Exh.1 -6- Cri. Misc. Appln. No.07/2022
ORDER
1. Application is partly allowed as follows :
i) The accused/applicant Shri. Shamrao
Bhimrao Jadhav, R/o. Shivajinagar,
Ramwadi, Tal. Pen, Dist. Raigad, subject to
following conditions be released on
conditional bail on P.R. of Rs. 30,000/ with
one or two sureties in the like amount, from
C.R.No.I 02/2022, registered with Pen Police
Station, punishable u/s.353, 332, 504 and
506 of Indian Penal Code and 85(1)(b) of
the Maharashtra Prohibition Act.
ii) The accused/applicant is directed to
produce on record copies of his residential
and identity proof, to the satisfaction of the
Court.
iii) Accused/applicant should not abscond
and not directly or indirectly make any
inducement, threat, pressure or promise to
any prosecution witnesses including
complainant victim and shall not in any
manner, tamper with the prosecution
evidence and assist the I.O. in investigation.
iv) The accused/applicant should attend
the Pen Police Station as and when ordered
by I.O.
v) The accused/applicant should not
commit similar kind of offences while he is
on bail.
vi) Breach of any one of above conditions
will be liable for cancellation of the bail.
Order/Exh.1 -7- Cri. Misc. Appln. No.07/2022
2) Bail before Committing Court.
Alibag, (R.G.Malashetti)
Date : 01/02/2022. Additional Sessions Judge,
RaigadAlibag.