Case Note & Summary
The applicant, Bandopant S/o Shankarrao Mallelwar, a Zilla Parishad Member, filed an application for anticipatory bail under Section 438 of the Code of Criminal Procedure, 1973, after his earlier application was rejected by the Sessions Court, Gadchiroli on 19 July 2013. The FIR No. 3001 of 2013 was lodged against him under Sections 13, 18, 39 of the Unlawful Activities (Prevention) Act, 1967 read with Sections 4 and 5 of the Explosive Substances Act and further read with Sections 395, 143, 147, 148, 149 and 120B of the Indian Penal Code. The case of the prosecution was that the applicant, along with others, was part of a criminal conspiracy to supply explosives and ammunition to Naxalite groups operating in the Gadchiroli district. It was alleged that the applicant influenced a Medical Officer, Dr. Karpe, to allow the use of a government ambulance to transport explosives and ten live cartridges meant for use in AK47 rifles from the applicant's house to the Naxalites. The vehicle was intercepted by the police, and the inmates, who were the driver and managers employed by the applicant, disclosed the role of the applicant. A raid at the house of the applicant's brother on 26 June 2013 led to the seizure of two chits purportedly written by a Naxalite gangster. The court considered the gravity of the accusations and the stage of preliminary investigation, and held that the applicant was not entitled to anticipatory bail. The application was accordingly rejected.
Headnote
A) Criminal Procedure Code, 1973 - Section 438 - Anticipatory Bail - Serious Accusations - Applicant, a local Zilla Parishad Member, accused of being part of a criminal conspiracy to supply explosives and ammunition to Naxalites - FIR under Sections 13, 18, 39 of Unlawful Activities (Prevention) Act, 1967 read with Sections 4 and 5 of Explosive Substances Act and Sections 395, 143, 147, 148, 149, 120B of Indian Penal Code - Preliminary investigation revealed use of government ambulance to transport explosives and live cartridges - Held that in view of the gravity of the accusations and the stage of investigation, anticipatory bail cannot be granted (Paras 1-3).
Issue of Consideration
Whether the applicant is entitled to anticipatory bail in a case involving serious accusations of supplying explosives and ammunition to Naxalites, given the gravity of the offence and the stage of investigation.
Final Decision
The application for anticipatory bail is rejected.
Law Points
- Anticipatory bail
- Criminal conspiracy
- Unlawful Activities (Prevention) Act
- Explosive Substances Act
- Indian Penal Code
- Serious accusations
- Naxalite activities
- Preliminary investigation
- Bail rejection
Case Details
2013 LawText (BOM) (07) 186
Criminal Application (ABA) No. 385 of 2013
Shri S.P. Dharmadhikari, Sr. Advocate with Shri S.V. Sirpurkar, Adv. for applicant; Shri S. S. Doifode, APP for State
Bandopant S/o Shankarrao Mallelwar
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Nature of Litigation
Application for anticipatory bail under Section 438 of the Code of Criminal Procedure, 1973.
Remedy Sought
The applicant sought anticipatory bail to avoid arrest in connection with FIR No. 3001 of 2013.
Filing Reason
The applicant was accused of being part of a criminal conspiracy to supply explosives and ammunition to Naxalite groups.
Previous Decisions
The Sessions Court, Gadchiroli rejected the applicant's anticipatory bail application on 19 July 2013.
Issues
Whether the applicant is entitled to anticipatory bail given the serious accusations of supplying explosives to Naxalites.
Whether the gravity of the offence and the stage of investigation justify denial of anticipatory bail.
Submissions/Arguments
The applicant's senior counsel urged for grant of anticipatory bail.
The State opposed the application, citing the seriousness of the accusations and the ongoing preliminary investigation.
Ratio Decidendi
In cases involving serious accusations of supplying explosives and ammunition to Naxalite groups, where preliminary investigation reveals a prima facie case and the gravity of the offence is high, anticipatory bail under Section 438 CrPC should not be granted.
Judgment Excerpts
The applicant has moved this Court after his anticipatory bail application dated 11072013 was rejected by the Sessions Court, Gadchiroli on 19072013.
It is case of the respondent State at this stage that preliminary investigations are in progress upon the report lodged that Medical Officer, one Dr.Karpe influenced by the present applicant local Zillah Parishad Member had allowed the Government Ambulance to be used by the present applicant to carry explosives as well as ten live cartridges meant for use in AK47 Rifle etc. material to be supplied from the house of the accused to the Naxalites operating in the area.
Learned senior counsel for the applicant urged for
Procedural History
The applicant filed an anticipatory bail application before the Sessions Court, Gadchiroli on 11 July 2013, which was rejected on 19 July 2013. Thereafter, the applicant moved the High Court on 22 July 2013, which heard the matter and rejected the application on 31 July 2013.
Acts & Sections
- Unlawful Activities (Prevention) Act, 1967: 13, 18, 39
- Explosive Substances Act: 4, 5
- Indian Penal Code, 1860: 395, 143, 147, 148, 149, 120B
- Code of Criminal Procedure, 1973: 438
