HC directs Kolhapur man to pay Rs 20,000 to Police Welfare Fund for assaulting home guard

While granting pre-arrest bail to a man from Kolhapur, Bombay High Court directed him to pay Rs 20,000 to Maharashtra Police Welfare fund after he was booked last month for causing obstruction and assaulting a home guard on Covid-19 lockdown enforcement duty. On September 7, Justice C V Bhadang was hearing the pre-arrest bail plea of Shivraj S Patil, filed through advocate Priyal Sarda, seeking protection from arrest.

The Vadgaon police in Kolhapur had last month charged Patil under sections 353 (punishment for assault or criminal force to deter public servant from discharge of his duty), 504 (punishment for intentional insult with intent to provoke breach of the peace) and 506 (punishment for criminal intimidation) of the IPC, among others.

The court noted that according to the police, on August 9 evening, Patil had abused and assaulted the complainant, home guard Nikhil Mohite. Arguing for the state, lawyer Y M Nakhwa opposed the plea and justified the police’s action.

The court observed, “Prima facie having regard to the nature of the allegations, the custodial interrogation of the applicant is not necessary.” Patil’s lawyer submitted that by way of remorse, the applicant will deposit a certain amount to the Police Welfare Fund.

Granting protection to the applicant, the court said in the event of arrest, he should be released on furnishing a personal bond of Rs 25, 000 with sureties.

Disposing of the plea, the court said, “However, this shall be subject to the condition that applicant shall deposit Rs 20,000 with the Maharashtra Police Welfare Fund within two weeks.” It also directed Patil to cooperate with the police as and when required and said that in case of breach of conditions, the pre-arrest bail would stand vacated.

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