September 13, 2020 8:49:44 pm
While granting pre-arrest bail to a man from Kolhapur, the Bombay High Court last week directed him to pay Rs 20,000 to the Maharashtra Police Welfare fund after he was booked last month for causing obstruction and assaulting a home guard on Covid-19 lockdown enforcement duty.
A single judge bench of Justice C V Bhadang heard through video conference on September 7, a pre-arrest bail plea of one Shivraj S Patil filed through advocate Priyal Sarda seeking protection from arrest.
The Vadgaon Police station, Kolhapur last month charged the man under sections 353 (punishment for assault or criminal force to deter public servant from discharge of his duty), 504 (punishment for intentional insult with intent to provoke breach of the peace), 506 (punishment for criminal intimidation) among others.
The Court noted that as per police on August 9 evening, Patil had abused and assaulted the complainant home guard Nikhil Mohite who was on lockdown enforcement duty. Advocate Y M Nakhwa for the state government opposed the plea and justified the police action.
After hearing submissions and perusing the complaint, the Court observed, “Prima facie, having regard to the nature of the allegations, the custodial interrogation of the applicant is not necessary.”
Patil’s lawyer submitted that by way of remorse, the applicant will deposit a certain amount to the Police welfare fund.
Granting protection to the applicant, the Court said that in the event of arrest, he should be released on furnishing a personal bond of Rs. 25, 000 with sureties.
Disposing of the plea, the Court said, “However, this shall be subject to the condition that applicant shall deposit Rs.20,000 with the Maharashtra Police Welfare Fund, within two weeks.” The Court also directed Patil to co-operate with the Police as and when required and said that in case of breach of conditions the pre-arrest bail would stand vacated.
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