JAGANNATH GANGARAM KALE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The applicant is seeking regular bail in connection with Crime No.155 of 2020 registered with Palam Police Station, District Parbhani for the offences punishable under Sections 295-A read with Section 34 of the I.P.C. and Section 67 of the Information Technology Act, 2000. His application with similar prayer came to be rejected by the Additional Sessions Judge, Gangakhed, District Parbhani, vide order dated 11.08.2020 in Criminal Misc. Application (Bail) No.166 of 2020.

(2.) The learned counsel for the applicant submits that in connection with the present crime, the applicant is arrested on 05.08.2020. The applicant is a Police Constable and he has made certain comments on mobile, outraging the religious feelings of a particular community. The applicant is charged with the offences punishable under Section 295-A of IPC and Section 67 of the Information and Technology Act. The learned counsel submits that both the offences are punishable with three years imprisonment and fine on first conviction. The applicant is under suspension and he has been directed to attend the Head Quarter, which is at Parbhani during suspension period. The learned counsel submits that there is no question of absconding, since the applicant is working as a Police Constable. The investigation is almost over and the formality of filing charge-sheet is only remained. The learned counsel submits that the applicant would undertake not to repeat the similar offence, if released on bail and he would not enter within the limits of Palam Police Station till conclusion of the trial. The applicant may be released on bail.

(3.) The learned APP has strongly resisted the application on the ground that the applicant though a Police Constable, deliberately with malicious intention of outraging the religious feelings of a particular community made certain conversation on the mobile of his friend to insult the feelings of the said community. The learned APP submits that as directed by this Court the report was called from the Investigating Officer and as per the said report, there would be law and order problem, if the applicant is released on bail. The application may be rejected.