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2021 Supreme(Bom) 25

SANDEEP K.SHINDE
Pramod Anand Dhumal – Appellant
Versus
State of Maharashtra – Respondent


Advocate Appeared:
For the Appellant :Aniket Nikam i/by Vivek Arote, Advocates.
For the Respondent: Veera Shinde, APP.

JUDGMENT :

1. Apprehending the arrest in connection with Crime No.580 of 2020 dated 11th June, 2020 for the offence punishable under Section 354-D of the Indian Penal Code, 1860 (“IPC” for short) and Section 67A of the Information Technology Act, 2000 (“IT Act” for short), applicant is seeking pre-arrest bail.

2. Applicant is editor of local weekly Marathi newspaper and social activist. Complainant, a house-wife, a 37 year old lady, had received messages in the form of offending images, revealing overt sexual desire on her Face-Book account, from the cell phone of the applicant. On 13th November, 2018, she had indicated her disinterest. Even thereafter, applicant had sent message like “I love you” to the complainant and link (Short for ‘Hyperlink’) on her facebook. She tapped the link, whole document was containing lascivious material. Soon thereafter, she lodged the complaint whereupon the subject crime has been registered against the applicant under Section 354-D of the IPC and Section 67-A of the IT Act.

3. Applicant was denied pre-arrest protection by the learned Sessions Judge.

4. Section 67-A of the IT Act reads as under:

    “67-A. Punishment for publishing or transmitting of materia

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