RAVIKANT SHANKARAPPA PATIL Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) WHEN the matter was called out, Mr. Agandsurve appearing for the applicant sought adjournment. This matter had come up earlier on 3-12-1999 and on that date after the matter was heard for some time, Mr. Shirish Gupte, Senior Advocate appearing with Mr. Agandsurve had sought adjournment to take instruction as to whether the matter will be proceeded or it will be withdrawn. Today Mr. Agandsurve states that Mr. Gupte is busy elsewhere and Mr. Gupte will proceed with the matter when he is free from the other matter. On being asked to proceed with the matter, Mr. Agandsurve has expressed his inability to do so. In the circumstances, I have gone through the application and papers on record and heard Mr. Mirza, Addl. Public Prosecutor for the State. Mr. Purwant is present for the complainant.

(2.) THE applicant is aged about 40 years and is a resident of Solapur. He is an accused in connection with the offence registered vide C. R. No. 61/99 at Vijapur Naka Police Station of Solapur for offences punishable under sections 385, 386, 366, 376, 452, 506 (II), 147, 148, 323, 504 read with 149 of I. P. C. and sections 3 and 25 (1) of the Arms Act. The case of the applicant is that he is a political and social worker and businessman of repute. In the year 1992 he was elected as a Councillor to the Solapur Municipal Corporation. In 1994 he was elected as a member to the Karnataka Assembly from Indi Constituency (adjoining to district Solapur) as an independent candidate. In the year 1996 he contested for the Parliamentary Constituency from Solapur and lost by a narrow margin of 7000 votes. It is his political rivals from Solapur District in Maharashtra and Vijapur District in Karnataka, who have conspired to implicate him in this criminal case with serious allegation of immoral nature.

(3.) IT is his further case that the entire case of prosecutrix Fatima Shaikh is false. His defence is that he got himself converted to Islam on 6-5-1999 and thereafter married her. Mr. Gupte, learned Senior Advocate appearing for the applicant, had shown to me on the last date the photographs taken at the time of the marriage. His submission is that the two other accomplices in the charge of kidnapping, have been released and so he should as well be. His mother is ill and taking treatment in a hospital in Bangalore. That apart, his presence is required in his Constituency as well as in the Assembly for the welfare of the people. He is totally innocent. These are the grounds which are taken in this application under section 439 Cri. P. C. seeking bail.