SHEIKH IRFAN SK Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This is an application under Section 438 of the Criminal Procedure Code . Three of the accused from Crime No.6/2020 registered with Hatta Police Station, Hingoli for the offences punishable under Section 143 , 147 , 149 , 109 , 152 , 155 , 353 , 341 , 332 , 504 , and 506 of Indian Penal Code and under Section 135 of Maharashtra Police Act seeking bail in the event of their arrest.

(2.) In substance, the allegations are to the effect that a patrolling party of police asked the applicant No.1, who was driving a vehicle rashly, to stop the vehicle and demanded papers by issuing notice under Section 207 of the Motor Vehicle Act. He was asked to take the vehicle to the Police Station but he refused. The police party then removed the vehicle. After some time he again came to the Police Station. Hurled abuses. He insisted for releasing the vehicle. He called the owner of the vehicle, applicant No.3. All the accused thereafter arrived at the scene. They were under influence of liquor. They again threatened the police of dire consequences and also by approaching press. Thus by forming unlawful assembly with an object to obstruct the police in discharging their duty, they have committed offence.

(3.) After having heard the learned A.P. P. Mr.Lakhotiya and the learned Advocate for the Applicant Mr.Delmade when this court expressed its disinclination to grant anticipatory bail to the applicant Nos.1 and 3, their learned Advocate seeks leave to withdraw the application to their extent.