ABHIJEET AMAR GAIKWAD Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Both the applicants are apprehending their arrest in connection with Crime No.35/2022 dtd. 22/2/2022 registered with Tamalwadi Police Station, Tq. Tuljapur, Dist. Osmanabad, for the offence punishable under Sec. 166, 166-A, 167, 196, 202, 203, 209, 406, 418, 463, 464, 465, 468, 471, 120-B read with Sec. 34 of the Indian Penal Code, 1860. The applicant in Anticipatory Bail Application No.418 of 2022 is a Police Constable attached to Police Chowki, Civil Hospital, Solapur and the applicant in Anticipatory Bail application No.382 of 2022 is the practicing Advocate at Osmanabad.

(2.) Heard learned Advocate Mr. V.D. Salunke holding for learned Advocate Mr. M.V. Salunke for the applicant in Anticipatory Bail Application No.418 of 2022, learned Advocate Mr. S.J. Salunke for the applicant in Anticipatory Bail Application No.382 of 2022 and learned APP Mr. B.V. Virdhe for the respondent.

(3.) It has been vehemently submitted on behalf of the applicant in Anticipatory Bail Application No.418 of 2022 after narrating the contents of First Information Report that the First Information Report is the outcome of the directions given by this Court in Public Interest Litigation No.3 of 2020. A committee was formed for investigation regarding filing of false motor accident claims through CID, State of Maharashtra, Pune. The informant Mr. Ajit Tukaram Chintle is serving as Deputy Superintendent of Police in Crime Investigation Department, Osmanabad and after investigation he has filed the First Information Report. The role attributed to the present applicant is that he along with the Police Head Constable Mr. Chavan at the Police Chowki in Civil Hospital, Solapur had made corrections in MLC by applying whitener and mentioning the tractor number - MH 13-DE-4085 in the accident, when in fact that tractor was not at all involved in the accident. It is, therefore, stated that it is the false implication of the vehicle by the present applicant. In fact, the applicant is at the lower rank authority in Police Department. He was on duty along with Police Head Constable Mr. Chavan. The inquest panchnama was written and signed by PHC Mr. Chavan. The applicant who is the subordinate officer is being made scapegoat, the custodial interrogation is not necessary. The applicant is having permanent place of abode and he is ready to abide by the terms of the bail.