BHARAT KRISHNA LOHAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE applicant is arrested on 30th June, 2006 by Laxmipuri Police Station in connection with C.R.No.86/2006. The offences alleged are punishable under Section 394, 420, 497, 498, 170 of Indian Penal Code.

(2.) THE charge-sheet is filed after investigations were complete. The application for bail preferred by the applicant has been rejected particularly on the ground that the applicant has committed the act which is unpardonable. The allegation is that the applicant posed himself as police officer and has entered the premises of the complainant which is a lodge/hotel. The applicant enquired from the complainant as to who is the owner and thereafter, slapped the complainant and demanded from him sum of Rs.5000.00. The complainant genuinely believed that the applicant is the police officer and immediately arranged for payment of the same. According to the Trial Court the complainant is involved in similar cases and since he does not have a permanent residence there is likelihood of the applicant not being available for the trial.

(3.) NO materials have been placed on record to show that the applicant would abscond and would not be available for the trial. That apart, now investigations have been complete, seizures effected. This is a fit case for enlarging the applicant on bail with the following conditions:-