RAMRAO MAROTRAO BUDRUK Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) HEARD Shri Shelke, learned Counsel for the petitioner and Shri Patil, learned A. P. P. , for the State.

(2.) THE matter is taken up for final hearing by consent.

(3.) THE petitioner is the Sarpanch of village Pangri which is under the jurisdiction of Loha police station, district Nanded. It is alleged that on 15-8-1994, on the Independence day, the petitioner while hoisting the Indian National Flag brought into contempt by not properly unfurling the Flag. On the basis of this complaint, an offence punishable under section 2 of the Prevention of Insults to National Honour Act, 1971 came to be registered against the petitioner at Crime No. 23 of 1994 at Loha police station. It is alleged by the prosecution that at village Pangri the petitioner hoisted and unfurled the Flag by tying the bottom with a string and not from the top side and as such, the Flag came one foot down from upwards and this brought the Indian National Flag into contempt by his own action. The petitioner moved the Sessions Court at Nanded under section 438 of the Criminal Procedure Code in Criminal Application No. 449 of 1994 for the relief of anticipatory bail. The 2nd Additional Sessions Judge, Nanded, by the impugned order dated 24-8-1994, however, rejected the application on the ground that the alleged offence is bailable one and as such, the provisions of section 438, Cr. P. C. are inapplicable. The petitioner has, therefore, approached this Court in the present application against the said order and has also sought for the same relief of anticipatory bail.