In an anticipatory bail application regarding Section 295A IPC charges, the High Court allowed the application, holding that since the incriminating mobile phone was seized and no recovery was needed, there was no need for detention or custodial interrogation.
Application allowed; interim order dated 19th April, 2023 confirmed.
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.
ABA-580-2023.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD
ANTICIPATORY BAIL APPLICATION NO. 580 OF 2023
Ashpak Munsi Shaikh
...Applicant
Versus
The State of Maharashtra & Anr
...Respondents
***
Mr. M. H. T. Shaikh, Advocate for the Applicant.
Mrs. G. L. Deshpande, APP for Respondent – State.
***
CORAM:R.M. JOSHI, J.
RESERVED ON:JUNE 30, 2023
PRONOUNCED ON:JULY 04, 2023
ORDER
1.Applicant apprehends arrest in connection with
Crime No. 140 of 2023 registered with Sonai Police
Station, Tq. Newasa, Dist. Ahmednagar for the offence
punishable under Section 295A of the Indian Penal Code.
2.Informant – Sandip reported to the police that
on 24/03/2023 at about 03.30 pm his friend informed him
that while he was checking his facebook account he
found post made viral by present Applicant on
05.03.2023 in which one unknown person was found making
derogatory statement against Shri. Savarkar. He also
found to have posted a video, attributing insult to
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ABA-580-2023.odt
religion of informant. Similar way another video was
posted on the facebook which was said to have intended
outraging of religious feeling of Hindus.
3.Learned Counsel for the Applicant states that
Applicant is young person with no criminal history.
According to him, unintentionally the said videos were
made viral by him and he has learned lesson by now. It
is stated that pursuant to the direction of this Court,
Applicant attended police station and that mobile phone
from which the said post were made viral is already
seized. Thus, according to him, custody of the
Applicant is not necessary.
4.Learned APP opposed the application by
contending that not once but thrice Applicant has made
videos viraled which were intended to outrage the
religious feeling of Hindus and in view of this,
Applicant is not entitled for protection from arrest.
5.No doubt, there is material on record to
indicate that the applicant did make objectionable
videos viral, however, for the purpose of determination
of anticipatory bail, this Court also needs to consider
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ABA-580-2023.odt
punishment prescribed for offence and need for
custodial interrogation. It is not in dispute that
mobile phone from which the videos and post were made
viral is already seized and nothing is to be recovered
at his instance. At this stage, there is no material to
indicate that the Applicant had any designed motive of
encouraging disturbance of peace and harmony between
two communities. The offence alleged against the
Applicant is triable by Magistrate and punishable with
three years imprisonment. Further more interrogation of
the Applicant is not necessary for any recovery.
Applicant cannot be detained by way of pre-trial
punishment. There is no apprehension spelt out by
prosecution about his abscondance.
6.Hence, it is a fit case to allow Application
by confirming interim relief. According, application is
allowed by confirming interim order dated 19th April,
2023.
Malani
Page 3 of 3
2 issues framed by the court
Whether the applicant is entitled to anticipatory bail in connection with charges under Section 295A IPC for viral posts outraging religious feelings.
Whether custodial interrogation is necessary for the offence as the incriminating evidence (mobile phone) has already been seized.
1 provisions across 1 enactments
Ashpak Munsi Shaikh
The State of Maharashtra
R.M. Joshi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court