SHIVAJI VASANTRAO HARNE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) PETITIONER , who is Head Constable attached to Karmala Police Station is alleged to have demanded bribe of Rs.2000/- from one Chand Pasha Shaikh, against whom petitioner had registered a case for offence under section 380 read with 34 of the I.P.C. On demand of the bribe, the amount is alleged to be paid to accused No.2-Gorak Bapu and after raid by the Anti-Corruption Department, petitioner is alleged to left the place. Apprehending arrest, petitioner had applied for grant of anticipatory bail to the Sessions Court, Solapur, but that application has been rejected.

(2.) I have heard Shri Naik for the petitioner and Shri Palekar A.P.P. for the Respondent-State. Though, before the Sessions Court, prosecution has opposed grant of anticipatory bail on the ground that petitioner was absconding, the learned Judge does not say in his order that the petitioner was absconding after this incident. Furthermore, alleged amount is paid to Gorak while demand is alleged to be made by the petitioner. There is one more circumstances viz. that the complainant Chand Pasha was arrested by the petitioner in connection with a theft case. Shri Palekar, APP was unable to show how custodial interrogation is necessary and, therefore I find this is to be a fit case to grant anticipatory bail on certain conditions.