1 Cri.B.A.No.377/22OrderEx.1
Order bwlow Ex.1 in Cri. Bail Application No. 377/ 2022
Sanjay Shriram Kawale .. Applicant Accused.
Vs.
The State of Maharashtra through PI Wani Police St., Wani. .. Respondent. (Cr. No. I 40/2022)
Order below Exh. 1
1.This application has been filed by the applicant/accused under section 438 of Cr.P.C. for releasing him on anticipatory bail in Crime. No.I 40/2022 registered at Wani Police Station for the offences punishable under sections 353, 323, 504 & 506 of the Indian Penal Code. Accordingly, interim protection was granted to applicant on 19.03.2022 till filing say by the Investigating Officer.
2.According to the prosecution case, the complainant working as a Senior Wireman with MSEDCL, visited the Village Bopegaon on 15.03.2022 and informed the consumers regarding payment of electricity bill. At the same time, he disconnected one phase of DP No.2550893 owing to arrears of bill. The role assigned to the applicant is that he had abused and threatened the complainant on phone and thereby obstructed him from discharging official duty.
He lodged FIR against the applicant and the applicant is apprehending his arrest at the hands of the Police.
3.The ld. Counsel Mr. V.S.Shinde submitted that there is specific direction from the Government not to disconnect the electricity of the agricultural Consumers by the order dated 15.03.2022. He has also pointed out that in view of the directions of the Hon’ble Supreme Court, the concerned authority has to give clear notice of 15 days before disconnecting the electricity. He further submitted that applicant has no concern with the alleged offence. He has been falsely implicated in the case. He has no criminal antecedents. So, prays for making the interim protection absolute.
4.The investigating officer has filed reply vide Exh.7 and strongly opposed the application on the ground that the applicant had obstructed the complainant from discharging his official duty and also assaulted and abused him. Thus, applicant has committed serious offence. On these and other grounds, he prayed for rejection of the application.
The ld. APP Smt. Reshma Jadhav has filed her written notes of argument at Exh.8 and strongly opposed the application and argued in line with the submissions of investigating Officer and prayed for rejection of the application.
5.After hearing both the sides and on perusal of the case papers, prima facie it appears that the role assigned to applicant is that he obstructed the complainant from discharging his official duty by abusing and assaulting him. There is nothing to be seized in such type of offence. It is not the case that applicant assaulted the complainant with some weapon. So his custodial interrogation is not necessary. Considering the nature of allegations, following order is passed:
ORDER
1/Application Exh.1 is hereby allowed.
2/Interim protection granted to applicant on 19.03.2022 is made absolute.
Inform concerned police station accordingly.
Digitally signed NAIR by NAIR SANDHYA SANDHYA SUNIL SUNIL Date: 2022.04.05 ( Smt. S.S. Nair ) 11:51:12 -0600 Date : 04.04.2022. Addl. Sessions Judge 4, Nashik.