VIJAY LAHU PATIL Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule. Respondents waive service. By consent, rule made returnable forthwith and called for final disposal.

(2.) A well-known area of Kolhapur, Rajarampuri lies just to the north-west of Shivaji University. The Ring Road runs past the Rajarampuri Police Station. At around 11 am on the morning of 22nd February 2013, the Petitioner was, or so he says, having tea at a road-side tea stall not far from the rear entrance to Shivaji University. The 4th Respondent, the Sub-Inspector from the Rajarampuri Police Station, was on patrol in the area, along with his junior officers. They asked the Petitioner what he was doing. Mr Joshi, Learned Advocate for the Petitioner, submits that the answer is one that ought to have suggested itself. Yet the police found his conduct suspicious. The Petitioner was arrested, the police invoking their powers under Section 151 of the Code of Criminal Procedure, 1973 ("CrPC").

(3.) Following the Petitioner's arrest, the 4th Respondent made a proposal to the 2nd Respondent, the Special Executive Magistrate, that a good-behaviour bond be taken from the Petitioner under Section 116 of the CrPC. The Magistrate ordered the execution of a bond of Rs.4,000. The Petitioner complied. His statement was recorded. He was asked whether he had understood the order made under Section 111 of the CrPC. On his application, a copy of the Station Diary was made available to him.