AKASH DAGA KOLI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Present application has been filed seeking an anticipatory bail as the applicant is apprehending his arrest in connection with CR No. 106/2020 dated 25.8.2020 registered with Dondaicha Police Station, District Dhule for the offence punishable under sections 353, 143, 147, 506, 427, 188, 269, 270 of IPC and Under Sections 11 of the Maharashtra COVID-19 Prevention Act, 2020 and under Sections 2, 3 and 4 of Epidemic Diseases Act, 1897 and under Section 37(1)(3) read with 135 of The Maharashtra Police Act.

(2.) Heard leaned Advocate and learned APP appearing for respective parties.

(3.) It has been vehemently submitted on behalf of the applicant that the information has been lodged by Dr. Prafulla Balchand Dugad, who is serving as Medical Officer with Sub-District Hospital, Dondaicha, for the incident that had taken place on 24.8.2020. It is stated that, a patient by name Rajendra Kumbhar was brought by his son viz. Atul Rajendra Kumbhar. It was informed that Rajendra had consumed liquor mixing it with insecticides. The informant therefore gave him saline with injection and he explained the process for stomach wash and it was also stated that the tube that would be inserted may cause him some problem and if he does not vomit, then it will have to be repeated. It is further stated that once the tube was inserted and then he vomited; yet it was required that tube should be inserted once again. Twice the said procedure was done; still Rajendra was facing the pains. The informant then asked the nurse to bring the relatives of the patient. The informant started explaining son of the patient that it was not proper on their part to make crowd and as the pandemic situation is increasing, they should leave the place and shift the patient to Non-Covid Center. It was also informed that the Sub-District hospital, Dondaicha has been declared as Dedicated Covid Health Centre. The son of the patient then started abusing and speaking arrogantly with the informant when he was trying to explain him and asking him to call ambulance; yet he was adamant. The informant then started writing Reference letter and also an MLC. But, at that time, present applicant and other 8-10 persons rushed towards the informant. The present applicant threatened the informant that the patient should not be shifted nor they would sign on the Reference card. The informant was then by such acts was restrained from discharging his official duties. The mob then caused damage to the Government property.