Bombay High Court

Rajesh Sakharam Chavan vs The State Of Maharashtra on 5 January, 2021

Bench: V. V. Kankanwadi

               IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                          BENCH AT AURANGABAD


        ANTICIPATORY BAIL APPLICATION NO.1079 OF 2020

                Rajesh s/o Sakharam Chavan,
                Age 42 years, Occupation Agril.,
                R/o Kawada Tq. Jintur Dist.Parbhani.               ...Applicant.

                VERSUS

                The State of Maharashtra,
                Through Police Inspector,
                In Crime No.83/2020 dated 16-10-2020
                Bamni Police Station Tq.Jintur
                Dist. Parbhani.                      ...Respondent

                                      ......
                Advocate for Applicant              : Mr. D. M. Mane h/f
                                                      Mr. N. R. Pawade.

                APP for Resondent-State             : Mr. S. Y. Mahajan.

                Advocate for Assist to APP          : Mr. P. D. Jarare h/f
                                                      Mr. S. S. Thombre.
                                              .....

                                    CORAM :   SMT.VIBHA KANKANWADI, J.

                                    Date of Reserving The Order            :
                                    18-12-2020

                                    Date of Pronouncing The Order :
                                    05-01-2021

ORDER :

1. Present application has been filed by the original accused who is

apprehending his arrest in connection with Crime No.83 of 2020, dated

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16-10-2020, registered with Bamni Police Station Tq. Jintoor Dist.

Parbhani, for the offences punishable under Section 353, 323, 504,

506 of Indian Penal code.

2. Heard learned Advocate Mr. D. M. Mane h/f Mr. N. R. Pawade

for applicant, learned APP Mr. S. Y. Mahajan for Respondent-State,

who has been assisted by Advocate Mr. P. D. Jarare h/f Mr. S. S.

Thombre for the informant.

3. It has been vehemently submitted on behalf of the applicant

that the applicant was officiating the post of Sarpanch of village

Kawada during 2017-2018. He was disqualified from the said post

on the complaint lodged by the rival group. Thereafter, the said

post was filled, however there were several irregularities on the part

of the newly elected Sarpanch. Under those circumstances, the

applicant had lodged detailed complaint. One of the ground was

that the newly elected Sarpanch has not held the mandatory

meetings of the Grampanchayat. The Gramsevak was also party to

the said proceedings and the applicant had levelled allegations

against the Gramsevak. Learned District Collector conducted the

inquiry and held that the Gramsevak as well as the Sarpanch have

failed in not conducting monthly meetings, and thereafter, the newly

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elected Sarpanch was also disqualified from the said post. Now the

said Gramsevak has lodged the FIR against the applicant on 16-10-

2019. It has been alleged that the Gramsevak had gone to take

photographs of the constructed house which was constructed under

'Gharkul Scheme' under the Pradhan Mantri Awas Yojana. The

Gramsevak contends that the applicant had restrained the

Gramsevak from doing his public duty by catch holding of his collar,

abusing him and threatening him. In fact, no such incident as

narrated had taken place. The FIR is nothing but the concocted

story and in order to take revenge of the complaint that was lodged

by the applicant. The allegations levelled against the applicant are

improbable as the applicant is not the office bearer of the

Grampanchayat any more and in fact he was not even concern with

the affairs of the Grampanchayat including the Gharkul Yojana. The

FIR is politically motivated at the behest of the rival group. The

physical custody of the applicant is not required, and therefore, he

be released on pre-arrest bail.

4. Per contra, the learned APP assisted by Advocate Mr. P. D.

Jarare holding for Mr. S. S. Thombre representing the original

informant vehemently submitted that the applicant has created a

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terror in the village. Though he has been disqualified long back, he

was indulged in such activities which will hamper the proceedings of

the Grampanchayat. It is his usual affair to terrorize the public

servants and in fact he is involved in seven cases, out of which four

are against a public servant. When he himself intends to pose

himself as a public servant in a sense that he was Sarpanch of the

Grampanchayat then such activities on his part cannot be tolerated.

There is prima facie evidence in the form of statements of eye-

witnesses which would show that the contents of the FIR are not

concocted or false. Case is not made out to grant the anticipatory

bail in the extra-ordinary jurisdiction of the Court.

5. At the outset, it is to be noted that the applicant himself has

clarified that he was Sarpanch of the village between 2017-2018,

however he was disqualified. It appears that again the elections

were held and another Sarpanch was appointed, yet as per the

submissions, the said newly elected Sarpanch has also been

disqualified and the grounds for disqualification of the present

applicant and his successor appears to be the same that they had

not held the monthly meetings. The informant is the Gramsevak.

Even if he would have been involved then the law will take its own

5 ABA 1079-2020

course, however since he is a public servant, he was bound to

discharge his public duties. As per the contents of the FIR he was

directed by Engineer attached to Panchayat Samity, Jintoor orally on

15-10-2020 that he should sent the photographs of those houses

constructed under 'Pradhan Mantri Awas Yojana'. According to him

he was along with other persons taking the photographs and at that

time this applicant intercepted them, abused him, slapped him and

then by holding collar of his shirt he was manhandled. Definitely

prima facie it can be seen that what the informant was doing was his

official duty and the Ex-Sarpanch cannot be said to be justified in

behaving in such manner. Statements of eye-witnesses have been

recorded under Section 161 of CrPC as well as under Section 164 of

CrPC. Further the most glaring part is that the present applicant is

involved in seven offences which are as follows : -

"1) Crime No.19 of 2008, registered with Bamni Police Station, for the offences punishable under Section 353, 324, 337, 323, 147, 148, 149, 504 of IPC.

2) Crime No.20 of 2008, registered with Bamni Police Station, for the offences punishable under Section 324, 337, 147, 148, 149, 323, 504 of IPC.

3) Crime No.46 of 2008, registered with Bamni Police Station, for the offences punishable under Section 337, 323, 504, 506, 34 of IPC.

               4)    Crime No.48 of 2008, registered with Bamni





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