KRISHNAKANT DATTARAM CHODANKAR Vs. STATE OF GOA

JUDGEMENT

(1.) Heard Mr. S.G. Desai, Senior Advocate with Mr. Pavithran A.V., Mr. Tejas Rane and Mr. P. Kholkar, Advocates appearing for the Applicants, Mr. Pravin Faldessai, Additional Prosecutor for Respondent No. 1 and 2 and Mr. Deepak Gaonkar with Mr. Nehal Govekar, Advocates appearing for Respondent No. 3.

(2.) The Applicant, apprehending arrest at the hands of Respondent No. 2 in Crime No. 100/2023 for the offences punishable under Sec. 7 of Prevention of Corruption Act and Sec. 506(ii) of the Indian Penal Code(IPC), preferred present application for grant of bail in anticipation of arrest.

(3.) The Applicant is an elected representative of Ward no. 5 of Village Panchayat Salvador Do Mundo. It is his contention that the Panchayat body comprises of Sarpanch, Deputy Sarpanch and other ward members including the Applicant. Somewhere on 6/7/2023, the Applicant and 4 other ward members filed a No Confidence Motion against the then Deputy Sarpanch Mr.Dattaram Redkar, however, other 3 Pancha members started receiving calls from Porvorim Police Station at the behest of Deputy Superintendent of Police that there are complaints against the Applicant and others, only to pressurise them from withdrawing the No Confidence Motion. It is further case of the Applicant that a false complaint was filed, however, at that time no FIR was registered. The Applicant immediately filed an application before the learned Sessions Court vide Anticipatory Bail Application No.155/2023. The notice was issued to Respondent No. 2, however, a reply was filed that since no FIR was lodged there is no apprehension of arrest. Accordingly, such Anticipatory Bail Application was disposed of by the learned Sessions Judge.