The judgment emphasizes the importance of honest and prudent police investigation, and the need to reduce overburdening of the criminal justice system.

1. The applicant/accused in Crime No. 527 of 2017 registered with Police Station Goregaon, District Mumbai, for offences punishable under Sections 302, 307, 323, 324, 326, 143, 147, 148, 149 of the Indian Penal Code (IPC) read with Sections 37 and 135 of the Maharashtra Police Act, by this application, is seeking pre-arrest bail.

2. Heard the learned advocate appearing for the applicant/accused. He drew my attention to the First Information Report (FIR) to point out that there is no iota of evidence to connect the applicant/accused to the offence punishable under Sections 302 read with 149 of the IPC. In his submissions, the applicant/accused being the owner of the concerned Hukka Parlour, had just driven out the members of both groups from his Hukka Parlour as both groups were indulged in quarreling and scuffle inside the parlour.

3. Upon being questioned on this aspect after examining the FIR, the learned APP vehemently argued, on instructions of the Officer present in the court, that the applicant/accused had committed the offence punishable under Section 302 read with 149 of the IPC. For that purpose, the learned APP is relying on statement of Vinay Naik, Mutthu, Ninad Surve etc. I have perused statement of all witnesses recorded by the Investigator in the case up till now, by taking the case diary from the learned APP.

4. I have given my anxious thought to the FIR as well as the entire case diary comprising of the material collected by the Investigator to book several accused persons in the crime in question.

5. The case in hand reflects how Police Officers are over burdening the criminal courts by implicating as many persons as possible in offences registered at the Police Station. If Police Officers working in the field act honestly by keeping in mind the factual scenario emerging from the evidence collected as well as the legal position in the matter, pendency in criminal courts can be reduced to a large extent. The case in hand is a glaring example of high handedness of the Police Officer which warrants serious consideration by superior officers from the Police Department, in order to ensure smooth functioning of criminal justice system. Day in and day out this court is noticing several instances where the Police Officers unnecessarily implicates as many individuals they can in the criminal cases, which apart from burdening the system of administration of justice also affects the rate of conviction. That apart, illegal and erroneous investigation results into harassment to many.

6. The facts reflected from the Police Report as well as the case diary comprising of statement of witnesses recorded by the Investigating Officer reflects the following situation prevalent on the scene of occurrence :

(a) There is a Hukka Parlour named Royal Smoke Hukka Parlour within jurisdiction of Police Station Goregaon in Mumbai. The FIR as well as statements of witnesses show that it is running under the nose of the concerned Police Station throughout night.

(b) The FIR as well as statements of witnesses are crystal clear to show that two groups of young boys had visited the Royal Smoke Hukka Parlour in the night intervening 21st October 2017 and 22nd October 2017. The FIR lodged by Rasik Shaikh as well as statements of witnesses go to show that at about 5.45 a.m. of 22nd October 2017, those two groups of young boys were dancing on the dance floor of Royal Smoke Hukka Parlour at Goregaon, where the incident in question took place.

(c) The FIR as well as statements of witnesses further show that during the course of dancing on the dance floor, at about 5.45 a.m., Mayur Panchal - a member of one group, which was relatively having less members (about 7) accidentally brushed another person from the another group. The FIR as well as statements of witnesses further show that then both groups started ruckus in the Hukka Parlour. Present applicant/accused Nasir Ansari is said to be owner of the said Hukka Parlour. The FIR shows that he had kept