907-aba-694-2022.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION

CRIMINAL ANTICIPATORY BAIL APPLICATION NO.694 OF 2022

Pravin @ Bhaiyya Gorakshanath Kandalkar

...Applicant

Vs.

The State of Maharashtra

... Respondent

----

Mr.R.N. Gite for the Applicant.

Mr.S.R. Agarkar, APP for the Respondent-State.

----

CORAM : C.V. BHADANG, J.

DATE : 16 MARCH 2022

P.C.

.

The Applicant, apprehending arrest, in connection

with the investigation of Crime No.413 of 2021 registered with

Wavi Police Station, Taluka-Sinnar, District-Nashik, under

Section 294 and 501 of Indian Penal Code and Section 3 of the

Police (Incitement to Disaffection) Act 1922 (‘the said Act’ for

short) is seeking anticipatory bail.

2.

I have heard learned counsel for the parties. Perused

record.

3.

The aforesaid crime is registered on the basis of the

complaint dated 23 December 2021 lodged by API Sagar

Balasaheb Kote, attached to Wavi Police Station, District-Nashik.

N.S. Kamble page 1 of 5

NILAM

SANTOSH

KAMBLE

Digitally signed

by NILAM

SANTOSH

KAMBLE

Date: 2022.03.19

13:09:08 +0530

907-aba-694-2022.doc

4.

A perusal of the FIR shows that on 21 December

2021 the informant was on election duty on the polling booth at

Zilla Parishad School at Village Sonewadi. The allegation is that

the Applicant went near 100 meters of the polling booth,

although the Applicant was not a voter at the pooling booth. The

informant accosted the Applicant as to why he has come to the

polling booth as he was not a voter.

5.

The material allegation is that on 22 December 2021

the Applicant made certain derogatory remarks against the

informant on his whats-app status which are set out at serial No.1

to 6 in the complaint.

6.

Indisputably the offence under Section 294 and 501

of the Indian Penal Code are bailable offences.

7.

The learned counsel for the Applicant has pointed

out that as per Maharashtra Act XXIII of 1983, (w.e.f. 18-1-

1983) Section 3 of the said Act of 1922 has been made non-

bailable.

8.

Section 3 of the said Act read as under:-

“Whoever intentionally causes or attempts to cause,

or does any act which he knows is likely to cause

disaffection towards the Government established by

law in India amongst the members of a Police force,

or induce or attempts to induce, or does any act

N.S. Kamble page 2 of 5

907-aba-694-2022.doc

which he knows is likely to induce any member of a

police force to withhold his services or to commit a

breach of discipline, shall be punished with

imprisonment which may extend to six months, or

with fine which may extend to two hundred rupees,

or with both.

Explanation-Expressions of disapprobation of the

Government with a view to obtain their altercation

by lawful means or disapprobation of the

administrative or other action of the Government do

not constitute an offence under this section unless

they the cause or are made for the purpose of causing

or are likely to cause disaffection.”

It can thus be seen, that the gist of the offence under

section 3, is an act or an attempt to incite the Police Force to act

against the Government.

9.

A perusal of the remarks on the whats-app status of

the Applicant, which are reproduced in the complaint, prima

facie show that they are derogatory in nature. However, there is a

serious doubt whether any such remarks against the Police

Officer/s would attract the offence under Section 3 of the said

Act. I would hasten to add that the remarks cannot be justified

by any standards.

10.

The learned counsel for the Applicant submits that

the Applicant shall delete the remarks on the whats-app status

N.S. Kamble page 3 of