MANOHAR YASHWANT KADAM Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THIS application has been laid before this Court today. Initially a prayer was made to circulate it for hearing to some other date after winter vacation, but when a prayer was made to continue the interim order permitting the applicant to enjoy the facility of anticipatory bail, as continued by some courts, this application was required to be heard and decided finally, in the interest of justice. This application was required to be decided today, because, a prayer was made for interim anticipatory bail and it was opposed by the prosecution and the advocate appointed by the kiths and kins of deceased persons and injured persons.

(2.) SHIR Rajendra Shirodkar, Counsel appearing for the petitioner submitted that for about one year the applicant has not been arrested and that itself suggests that there is no need for the prosecution to arrest the applicant. He submitted further that the investigation has been completed, and therefore, there is no likelihood or possibility of this applicant tampering with the course of investigation. He submitted that the applicant is a person working as Inspector in Police Department, presently posted at Pune. Therefore, there is no possibility of applicant creating hindrance in the progress of the investigation. He submitted that he be granted the facility of anticipatory bail.

(3.) SHRI Janardhanan submitted that the prosecution opposes the prayer made by the petitioner for directions in the nature of anticipatory bail. Shri Janardhanan submitted that the applicant was co-operating the investigation agency. He happens to be a person working in police department and was not likely to abscond, therefore, the investigating agency did not arrest him. Shri P. Janardhanan submitted that 10 persons have been killed in the said firing and 13 persons have been injured in the firing. Shri Janardhanan submitted that the said firing was by use of unreasonable force. He submitted in his written report that commission was appointed for making an enquiry of the entire episode and the said commission held the present applicant responsible for using unreasonable force and becoming the cause of death of 10 persons and injuring 13 persons.