Cri.B.A.No.1695/2020 Order below Exh.01 in Cri.B.A.No.1695/2020 CNR No.MHNS010046362020

(Pandharinath Zunga Kale vs. State)

The applicant has preferred this application for anticipatory bail praying therein that he may be released on bail in the event of arrest in connection with CR.No.II­94/2020 registered with Igatpuri police station for the offence punishable under Sec.353, 504, 506 of IPC, on the basis of FIR lodged by Anil Ramsingh Patil.

2.Bail application is filed on the ground that the applicant is innocent and has been falsely implicated in the case. That the applicant is social worker and Chairman of Pimpalgaon Mor Sahakari Sesa Sanstha Maryadit. He is permanent resident of Nashik. That applicant has submitted an application for departmental inquiry of informant. There is no criminal antecedent against accused. He will not tamper prosecution evidence. He is ready to abide by terms and conditions imposed by the Court. On these main grounds and others have prayed for bail.

3.Notice was issued to State. State appeared through Ld. APP Smt.Sangle and filed say resisting for grant of application on the grounds that the accused threatened, abused the informant and prevented him while discharging his duties. There is possibility of commission of same type of offence in future and of tampering and pressurizing prosecution witnesses. On these main grounds and others have prayed for rejection of the bail application.

4.Ld.Adv. Mr. A.R.Patil appeared for original informant and has filed his say [Exh.10] contending therein that there is fraud of Rs.27,22,206/­ and for that purpose, Sub­Registrar, Co.Operative Society, Igatpuri has dismissed the Office Bearers of Pimpalgaon Mor Vividh Karyakari Seva Sanstha Maryadit. That even responsibility of Rs.54,465/­ is fixed on the mother of the applicant.

That applicant has indulged in act of threatening the informant.

That the informant had directed the present applicant to approach competent person with respect to applicant’s complaint challenging signatures of the members because of this the applicant was aggrieved against the informant. That the applicant charged upon the informant because of which the offence committed is serious one. On these main grounds and others have prayed for rejection of bail application.

5.Heard Ld. Advocate Mr.Gite for applicant. Perused bail application. Heard Ld. APP Smt.Sangle. Perused police papers and say filed by Igatpuri police station. Also perused say filed by the informant objecting the grant of bail application.

6.On perusal of FIR as well as case papers, it is apparent that the informant is Sub­Registrar Co.Operative Society posted at Igatpuri. The present applicant is Chairman of Pimpalgaon Mor Vividh Karyakari Sahakari Sanstha. The FIR states that on 1.12.2020, the applicant came to the office of the informant and started insisting that inquiry against his office should be conducted forthwith. The informant disclosed his inability as he had to prepare one report and that inquiry can not be conducted as already the application filed against him is decided. Thereafter, the applicant has snatched the file and scattered the papers therein and therefore, has obstructed the work.

7.The name of the applicant appears in the FIR, the role assigned to him is of snatching the file and scattering the papers. If the contents of FIR is taken as it is, there is no physical harm done to the informant. Nothing is to be recovered or discovered at the instance of the applicant. As far as say filed by Mr.Patil appearing on behalf of the informant is concerned, the same revolves round affairs of the society in which the applicant is Chairman. If there are any mis management about affairs of society, there is altogether different forum to look into it. Investigating Officer was present.

When inquired with him as to whether he is investigating into the affairs of the society, he answered in negative. The investigation is restricted to offence under Sec.353, 504, 506 of IPC. As stated supra, nothing is to be recovered or discovered at the instance of the applicant. Admittedly, both the applicant and informant are not in good terms with each other. Whether allegations are false, can only be seen at the time of trial. As far as contents of FIR and other statements of the witnesses, it is already observed that nothing is to be recovered or discovered at the instance of the applicant.

Custodial interrogation from FIR, case papers and report not warranted. Moreover, the police report is not disclosed criminal antecedent against the applicant. Hence, I proceed to pass following order :

ORDER

(1). Application is allowed.

(2). In the event of arrest of the applicant Pandharinath Zunga Kale in connection with CR.No.II­94/2020 registered with Igatpuri police station for the offence punishable under Sec.353, 504, 506 of IPC, on the basis of FIR lodged by Anil Ramsingh Patil, the above named applicant be released on bail, on furnishing a PR and SB of Rs. 15,000/­ ( Rupees Fifteen Thousand only), with one surety of like amount on following conditions.

(a). He shall attend concern Police Station on every Monday between 11.00 a.m. to 1.00 p.m. till filing of the charge sheet.

(b). He 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 them from disclosing such facts to the Court or to any police officer.

(c). Violation of any of the above mentioned condition, would result in cancellation of bail.

(3). Inform concerned police station accordingly.

Vardhan Digitally signed by Prataprao Vardhan Prataprao Desai Date: 2021.02.03 Desai 17:15:41 +0530 Nashik. ( V. P. Desai) Date : 03.02.2021 Additional Sessions Judge, Nashik.