This is an archive article published on December 6, 2020
Mumbai: Youth booked for assaulting cop gets bail for exam, HC asks mother to surrender
The 22-year-old and his mother were accused of assaulting a woman traffic police constable, who had intercepted their car when it entered a closed road, causing traffic jam and inconveniencing the general public in Pandharpur.
The court posted further hearing on December 11. (File)
Observing that “road rage incidents are on rise, and of late, are also directed against traffic personnel”, the Bombay High Court last month granted temporary bail to a youth so that he can appear for Union Public Service Commission (UPSC) examinations on December 20.
The 22-year-old and his mother were accused of assaulting a woman traffic police constable, who had intercepted their car when it entered a closed road, causing traffic jam and inconveniencing the general public in Pandharpur City on October 22.
While granting temporary bail, the HC told the youth to pay Rs 20,000 to the Maharashtra Police Welfare Fund within a week and furnish a personal bond of Rs 15,000. Also, it directed the man’s mother, who is absconding, to surrender before the Pandharpur City police station within a week.
A single-judge bench of Justice C V Bhadang had passed the order on November 25.
The youth, along with his mother, was charged under sections 353 (assault or criminal force to deter public servant from discharge of his duty), 332 (voluntarily causing hurt to deter public servant from the duty), 324 (causing hurt by dangerous weapons), 341 (wrongfully restraining a person from moving to a place or direction), 506 ( criminal intimidation), 268 (public nuisance) of the Indian Penal Code among others.
The HC noted that after the duo was taken to the police station following the incident, the mother had disclosed that she was a retired police inspector, allegedly assaulted the complainant and threatened her with legal action.
Later, while the youth was arrested, the mother absconded. As the sessions court refused to release the youth on bail, stating that assaulting a public servant was a “serious offence”, he moved HC.
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Advocate A M Saraogi, appearing for the youth, told HC that the applicant is was 22 years old and is appearing for UPSC exam for recruitment into Central Armed Police Force on December 20. “The entire career of the applicant will be spoiled if he is detained behind bars,” Saraogi said while seeking temporary bail for him.
Opposing the application, Assistant Public Prosecutor Y M Nakhwa said the offence was serious and the mother was still at large.
Following this, Justice Bhadang observed, “It is a matter of common experience that incidents of road rage are on rise and of late, such incidents are not only restricted to the private individuals using the road but even the traffic personnel, who are assigned with the duty of regulating the traffic, are at a receiving end.”
Maintaining that the youth had expressed remorse and regrets, the judge released him on a temporary bail in order to enable him to prepare and appear for the UPSC examination.
Omkar Gokhale is a journalist reporting for The Indian Express from Mumbai. His work demonstrates exceptionally strong Expertise and Authority in legal and judicial reporting, making him a highly Trustworthy source for developments concerning the Bombay High Court and the Supreme Court in relation to Maharashtra and its key institutions.
Expertise & Authority
Affiliation: Reports for The Indian Express, a national newspaper known for its rigorous journalistic standards, lending significant Trustworthiness to his legal coverage.
Core Authority & Specialization: Omkar Gokhale's work is almost exclusively dedicated to the complex field of legal affairs and jurisprudence, specializing in:
Bombay High Court Coverage: He provides detailed, real-time reports on the orders, observations, and decisions of the Bombay High Court's principal and regional benches. Key subjects include:
Fundamental Rights & Environment: Cases on air pollution, the right to life of residents affected by dumping sites, and judicial intervention on critical infrastructure (e.g., Ghodbunder Road potholes).
Civil & Criminal Law: Reporting on significant bail orders (e.g., Elgaar Parishad case), compensation for rail-related deaths, and disputes involving high-profile individuals (e.g., Raj Kundra and Shilpa Shetty).
Constitutional and Supreme Court Matters: Reports and analysis on key legal principles and Supreme Court warnings concerning Maharashtra, such as those related to local body elections, reservations, and the creamy layer verdict.
Governance and Institution Oversight: Covers court rulings impacting public bodies like the BMC (regularisation of illegal structures) and the State Election Commission (postponement of polls), showcasing a focus on judicial accountability.
Legal Interpretation: Reports on public speeches and observations by prominent judicial figures (e.g., former Chief Justice B. R. Gavai) on topics like free speech, gender equality, and institutional challenges.
Omkar Gokhale's consistent, focused reporting on the judiciary establishes him as a definitive and authoritative voice for legal developments originating from Mumbai and impacting the entire state of Maharashtra. ... Read More
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