The Bombay High Court recently granted anticipatory bail to a man who had a heated argument with a policeman who stopped him for not wearing a mask.
A single judge Bench of Justice Bharati Dangre through video conferencing was hearing a plea filed by the accused, Shekhar Sanadi. According to the complaint lodged by the policeman, the accused had entered into an argument with him while he was enforcing the lockdown imposed to prevent the spread of the novel coronavirus.
The accused allegedly instigated and assaulted the policeman after placing a hand on his shoulder.
Based on the officer’s complaint, an offence was registered under Sections 323 (punishment for voluntarily causing hurt), 353 (punishment for assault or criminal force to deter public servant from discharge of his duty) and 506 ( punishment for criminal intimidation) of the Indian Penal Code (IPC), and relevant provisions of the Disaster Management Act, 2005.
After hearing the submissions, Justice Dangre observed, “On perusal of the FIR, prima facie what emerges is a verbal altercation between the complainant and the applicant while the former was discharging his duty. No ingredients of Sections 323 and 353 of the IPC are made out from the complaint/FIR.”
The High Court granted anticipatory bail on furnishing a personal bond of ₹50,000 with one or two sureties of a similar amount.
Disposing of the anticipatory bail application, the Bench directed the accused not to make any inducement, threat, or attempt to persuade a person acquainted with the case from disclosing the facts to the court or any police officer.
