SIDDHARAM SATLINGAPPA MHETRE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THIS is an application moved under section 438 of Cr.P.C. Seeking anticipatory bail in Crime No.84/09 registered at Akkalkot south police station for offences punishable under sections 109, 143, 148, 188, 302, 307, 326 of IPC and under section 135 of B.P.Act and under section 125(1)(3) of Arms Act.

(2.) THE present applicant is a Minister of State for Rural Development having been elected as a member of the Legislative Assembly on the ticket of Congress-I, a National Political Party. The applicant has won the election on last two occasions defeating one Sidramappa Patil, a rival candidate representing a national political party by name BJP. According to the learned counsel for the applicant, the applicant is a public spirited citizen and has been engaged in social and political acitivities at Solapur since long. The applicant is representing the concerned constituency since the year 1997 and in the past has held the portfolio of the Home Minister for State and presently as stated hereinabove he holds the portfolio of Rural Development Minister of the State. The present application has been filed in the wake of ensuing Legislative Assembly Election for which voting is scheduled to take place on 13-10-2009. The applicant is apprehending arrest in C.R. No.84/09 for offences punishable and referred to hereinabove.

(3.) IN the above set of facts, the learned Senior counsel for the applicant Mr. V.R. Manohar contended that the present applicant was allotted a ticket to contest the election, as a member of the Legislative Assembly by his party on 23-9-2009. Whereas the rival candidate Sidhramappa Patil was alloted ticket by BJP on 21-9-2009. Thus in his submission about eight days prior to 26-9-2009 there was no occasion for the present applicant to even conceive that there would be a contest between the applicant on the one hand and Sidramappa Patil the rival candidate on the other hand. It is hence submitted that it is most improbable that on 18th Sept. 2009 or thereabout the applicant would instigate his supporters for attack the rival candidate or persons from his group.