KISHOR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The applicant is apprehending his arrest in Crime No.12/2020 registered with Jafrabad Police Station, District Jalna for the offences punishable under Ss. 353, 294 read with Sec. 34 of the Indian Penal Code and Sec. 140 of the Electricity Act 2003 and is seeking bail under Sec. 438 of the Code of Criminal Procedure.

(2.) The FIR has been lodged by an Assistant Engineer of Maharashtra State Electricity Distribution Company Limited posted at Jafrabad on 13/1/2020 alleging that he was holding additional charge as a Deputy Engineer. The Sub-station at Sipora Ambhora of Jafrabad town was under his jurisdiction. One Mohammad Aslam Mohammad Zafar was serving as outsourcing line operator in that Sub-station. He has been erroneously referred to as Shaikh Matin in the FIR. However, by recording supplementary statement of the informant the mistake has been corrected. It is alleged that the applicant and one more person entered into the Sub- station and started hurling abuses at Mohammad Aslam and started questioning as to why the electricity supply to Deoulgaon Zari village was connected. The applicant threatened him of dire consequences if the electricity supply to Deoulgaon Zari was not disconnected. He compelled Mohammad Aslam to immediately cut off the supply to Deoulgaon Zari and Hanumantkheda. Mohammad Aslam took an entry about it in the concerned register. One Nandkishor Bhople of Hanumantkheda video graphed the episode on the mobile phone of Mohammad Aslam. Mohammad Aslam informed the incident to the informant who was on leave. The latter directed Assistant Engineer Anil Dukre to visit the spot. Subsequently Senior Technician Ankush Dungahu sent a video clip to the informant. He also informed the informant that even thereafter 2 to 3 unknown persons disconnected the 11 Kv electricity supply line at a cut off point. The next day Assistant Engineer Anil Dukre reconnected the supply line. After resuming the duty the informant lodged FIR on 13/1/2020.

(3.) The learned Senior advocate Mr. Deshmukkh for the applicant vehemently submits that there is enormous delay in lodging the FIR. The applicant is being falsely involved. At the most he can be said to have objected in providing electricity supply to village Deoulgaon Zari from the feeder of his village. Except the offence punishable under Sec. 353 of the Indian Penal Code the rest of the offences are bailable. Custodial interrogation of the applicant is not necessary. He is ready to co-operate the Investigating Officer. Considering all these aspects the applicant was granted ad-interim anticipatory bail and it may be confirmed with the same terms and conditions.