MOHAN DAVLYA GAVIT Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The applicant before me came to be arraigned as accused in C.R. No.77 of 2020 registered with Kasa Police Station under Ss. 302, 307, 120(B), 353, 332, 341, 342, 427, 109, 117, 143, 144, 145, 147, 148, 149, 152, 153, 188, 269, 270 and 290 read with Sec. 34 of the Indian Penal Code read with Ss. 51(b), 52, 54 of the Disaster Management Act, 2005 and Ss. 2, 3, 4, 5 of the Epidemic Act, 1897 and Ss. 135, 37(1)(3) of the Destruction of Public Property Act, 1984 and relevant provision of the Maharashtra Police Act and came to be arrested on 26/06/2020 and, since then, he is incarcerated.

(2.) The applicant seeks hir release on bail on the ground that the prosecution has not been able to compile cogent and reliable evidence against them in the charge-sheet and as the case of the prosecution is to the effect that a mob of 400 to 500 villagers was present at the spot, on the date of the incident and the gathering violated the norms of lockdown and curfew hours and the mob lynched three persons and even attacked the police. It is submitted that the identification of the present applicant in the episode is doubtful.

(3.) As against the arguments advanced for the applicant, the learned Special Public Prosecutor, Mr. Satish Maneshinde would submit that the incident is a serious one when on 14/04/2020, while the lockdown was enforced in Palghar District, at around 10.00 p.m. - 10.30 p.m., a group of villagers has attacked a private vehicle. The FIR lodged at the instance of the Sub Inspector attached to Kasa Police Station has reported that a mob of around 400 to 500 villagers had assembled in Gadchinche, which included large number of youngsters and the mob had overturned one white Eco vehicle and, three passengers were trapped inside.