BHAUSAHEB RAOSAHEB MAGAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard learned Counsel for the parties.

(2.) By this application, the applicant seeks his enlargement on bail in connection with C.R. No. 284 of 2021 registered with the Velapur Police Station, Solapur, for the alleged offences punishable under Section 353 of the Indian Penal Code; Sections 3 and 7 of the Official Secrets Act, 1923.

(3.) Learned Counsel for the applicant submits that the applicant has been falsely implicated in the said case, only because he had called the Superintendent of Police, complaining that the Police were not taking cognizance of his calls. He submits that in the facts of the case, by no stretch of investigation, Sections 3 and 7 of the Official Secrets Act will apply. He submits that the said sections have been applied only with a malafide intention to see that the applicant does not get bail. He submits that merely because the applicant had shot/filmed the incident, would not justify the application of the provisions of the Official Secrets Act. He submits that, the action by the Police is not only malafide, but, smacks of high handedness and constitutes abuse of the process of law. He submits that because of the application of the provisions of the Official Secrets Act, even the learned Sessions Judge denied bail to the applicant, observing that the offence alleged, is a serious offence.