The High Court at Aurangabad disposed of a criminal application for anticipatory bail in a case involving hurt to religious feelings.
Applicant granted interim relief and released on bail on furnishing PR and SB of Rs. 15,000 if arrested.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
criapln2348-12.odt
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD
CRIMINAL APPLICATION NO.2348/2012
Pramod S/o Hanumantrao Pusarekar Age 36 years, Occ-Editor R/o Narayani Complex, Stadium Road, Beed, Tq. & Dist.Beed. .. APPLICANT
VERSUS
The State of Maharashtra Through Police Station, Beed City, Tq. & Dist.Beed.
[Copy to be served on Public Prosecutor, High Court of Bombay Bench at Aurangabad] .. RESPONDENT
Mr.G.K.[Naik] Thigale,Adv.for applicant. Mr.R.P.Phatake,A.P.P. for State.
CORAM : T.V.NALAWADE,J. DATE : 25TH JUNE 2012.
ORAL ORDER :
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1] This application is filed for anticipatory bail. Both sides are heard. Papers of investigation were made available.
2] Crime No.46/12 is registered at City Police Station, Beed for
offence punishable u/s 295 of I.P.C. r.w. 66A and 67 of Information Technology Act, 2000, on the basis of report given by one Swapnil. He came across some matter published in news paper of the applicant viz. “Daily Yuva Chanakya”. It is contended that the applicant published photograph of nude female folk and they were having images of Gods like Mahalaxmi and Ganpati on the body and due to that, the feelings of Hindu persons are hurt. Crime is registered for offence punishable u/s 295 of I.P.C.
3] Advocate for the applicant submitted that this news item was published only to inform that there was such material on a web site of accused no.1 and due to this, there was likelihood of causing hurt to the feelings of Hindu. It can be said that the applicant ought not to have published the photographs and he could have only given information about the web site. In any case,
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considering the intention of the applicant and the fact that the main culprit is different, this Court holds that police should not need custodial interrogation in this case. In view of these circumstances, this Court holds that interim relief can be granted.
4] In case of arrest of applicant in Crime No.46/12 registered at City Police Station, Beed for offence punishable u/s 295 of I.P.C. r.w. 66A and 67 of Information Technology Act, 2000, he be released on bail on his furnishing PR and SB of Rs.15,000/-. He is not to tamper with prosecution witnesses. He is not to commit such offences. He is to attend concerned police station on every Sunday between 9 a.m. and 12 noon for the period of one month
[T.V.NALAWADE,J.]
umg/criapln2348-12
1 issue framed by the court
Whether the applicant is entitled to interim relief in form of bail under the facts and circumstances of the case.
3 provisions across 2 enactments
Pramod S/o Hanumantrao Pusarekar
The State of Maharashtra Through Police Station, Beed City
T.V.Nalawade
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
