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The applicant contended that there was a lack of material to show that the person who pushed the officer was actually the applicant
The Bombay High Court recently granted pre-arrest bail to a man who was booked for pushing a police officer.
A single judge bench of Justice Manish Pitale was hearing an anticipatory bail plea moved by a man under the Indian Penal Code and the Food Standards Safety Act.
Out of all the sections invoked against the applicant, only sections 328 (Causing Hurt By Poison) and 353 (Assault or criminal force to deter public servants from discharge of his duty) were considered relevant by the court.
The issue of applicability of section 328 pertaining to the illegal transport of Guthka is pending before the Supreme Court.
The allegation against the applicant was that he pushed the police officer while his vehicle carrying Guthka was being seized.
The applicant contended that there was a lack of material to show that the person who pushed the officer was actually the applicant. He added that the vehicle is already seized, so the court may consider granting pre-arrest bail.
The additional public prosecutor also submitted that the issue pertaining to section 328 was pending before the top court and the applicant was granted pre-arrest bail for the same.
The court allowed the application while noting that prima facie the case was made out in favor of the applicant.
"As regards Section 353 of IPC, the applicant has made out a prima facie case in his favour and in any case, custodial interrogation for such a charge may not be necessary as long as the applicant is ready to co-operate with the investigation," the court said
Case title: Nizam Rafique Siddike vs State of Maharashtra
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