ABA/1659/2014 of SATISH VIJAYKUMAR MANGIRE Vs THE STATE OF MAHARASHTRA on 30 December 2014

Facts

1. The Applicant stands accused of offences under Section 295(A) of the Indian Penal Code and Section 66(A) of the Information Technology Act. An FIR has been registered against the Applicant, being C.R. No. 215 of 2015 with the Shivaji Nagar Police Station, Pune.

2. Briefly stated the facts are these: the Complainant, one Bilala Harun Shaikh, an Advocate practising in Pune, says that he was one of those who received an offending message sent on the WhatsApp platform. The message contains several offensive and derogatory statements against the Muslim community. The Applicant claims that he merely forwarded or recirculated that message. That in iteself is no answer. The Applicant applied for bail before the learned Sessions Judge, Pune. He was granted interim protection by an order dated 22nd November 2014. The application was, however, ultimately rejected on 20th December 2014.

Learned Advocate for the Applicant states that the Applicant

3. has fully cooperated with the Investigating Agency till date. He undertakes to surrender the cellphone in question, if that has already not been done, on or before 2nd January 2015.

Hence, in the event of the Applicant being apprehended in

4. connection with C.R. No. 215 of 2014, he shall be enlarged on bail on a P.R. Bond of Rs. 25,000/- with one or two solvent local sureties in the like amount, subject to the following:

(a) The Applicant will report the Shivaji Nagar Police Station, Pune between 10.00 a.m. and 3.00 p.m. on first and third Monday of each month.Station, Pune between 10.00 a.m. and 3.00 p.m. on first and third Monday of each month.

The Applicant shall not, directly or indiretly, make any (b)The Applicant shall not, directly or indiretly, make any inducement or threat to any prosecution witness and inducement or threat to any prosecution witness and shall not in any manner tamper with the prosecution evidence and shall not in any way impede the investigation. investigation.

(c) Any observation/s made in this order shall not be construed as any finding or any expression of opinion on the merits of the case till the time of trial; Any breach of these bail conditions shall entail in (d)cancellation of bail.cancellation of bail.

Application disposed of in these terms. All concerned to act

5. on an authenticated copy of this order.

(G. S. PATEL, J.)