‘Offensive’ remark against journalist: Bombay High Court directs sessions court to decide Shinde Sena leader’s pre-arrest bail plea on August 29

A single-judge bench of Justice Sandeep V Marne noted, “When the question of liberty of citizens is involved, it is necessary that ABA is taken up for decision and decided either finally or at least for grant of interim protection in expeditious manner.”

Mhatre was booked on August 22 under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.

The high court was hearing an appeal filed by Mhatre stating that the sessions court had not decided his pre-arrest bail plea and did not even consider granting interim protection to him.

On Monday, the high court adjourned the appeal’s hearing after it was informed that the sessions judge had kept the ABA for hearing on the same day and would decide on it.

On Tuesday, the bench found that the sessions judge made no decision on Monday, and Mhatre claimed that the sessions judge adjourned his plea for no reason.

The assistant public prosecutor representing the police submitted that the sessions court had adjourned the hearing as the complainant journalist had sought time to reply to Mhatre’s application and was posted to August 29 and assured that “nothing will happen” (to the appellant) until then.

The bench noted that the sessions judge kept Mhatre’s application pending, and therefore, the judge was directed to decide it in accordance with the law on August 29.

The high court disposed of the appeal, stating that it could not be entertained as no decision had been taken by the session court yet. It also sought from the sessions judge a report on the status of ABA by August 29 evening.