CHINTAMAN SHRIDHAR JOGLEKAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This is an application under Article 227 of the Constitution of India read with section 482 of the Code of Criminal Procedure by original accused No. 1, Chintaman Shridhar Joglekar. He was enlarged on bail by the trial Magistrate but a revision application being filed by the State that order was set aside and the bail has been cancelled. Being aggrieved he has filed this application.

(2.) The facts are very few and simple. According to the prosecution posters in three different places bearing the contents "down with dictatorship "were noticed by Police Constable Dambale at Dombivli on 16-8-1975 at about 9.50 a.m. He removed those posters and immediately reported that fact to the Sub-Inspector in charge of the Police Station. An offence was registered and search for the miscreant began. As two names of miscreants were reported to the police they were both arrested and a charge-sheet was ultimately sent up against them for contravention of the provisions of Rule 43(1)(c) and Rule 43(5) read with Rule 36(6)(e) of the Defence and Internal Security of Indian Rules, 1971. The investigation papers which were seen by the courts below and which were also made available to us show that the prosecution has recorded statements of two witnesses named Ramchandra Sunder Ghosalkar and Chandrakant Krishna Choudhare who claim to have seen the pasting of those posters by accused Nos. 1 and 2.

(3.) The brief story of the prosecution is that the two witnesses mentioned above attend their respective factories early morning at about 6 or 6.30 a.m. For that purposed they are accustomed to wake up at 3 or 3.30 a.m. every day. They are neighbours and after bath at about 4 or 4.30 a.m. or so, they usually go to a milk diary at Dombivli for fetching milk. According to the witnesses, 15th August, 1975 was a holiday for their respective factories. However, as per their usual habit they both woke up at about 3 or 3.30 a.m., took bath and between 4 or 4.30 a.m. proceeded to the usual milk diary centre for fetching milk. They saw both the accused persons pasting posters. Witness Ghosalkar seems to be knowing English but Choudhare did not know English. Ghosalkar enquired with Dada Jogalekar, the present petitioner, as to what they were doing. The reply given by the present petitioner was that he was torpedoing the dictatorship of Indira Gandhi. The witnesses left the place and went to their houses.