Pune: A sessions court in Pune rejected the anticipatory bail application of an advocate accused of assaulting a sub-registrar inside his office after the official allegedly refused to execute a sale deed. The court observed that granting pre-arrest bail in such a serious case involving an attack on a public servant would send a “wrong message” to society.
Event Context
Additional Sessions Judge A.K. Sharma, in an order passed on July 30, refused anticipatory bail to Yogesh Ramdas Kapare, who faces charges under multiple provisions of the Bharatiya Nyaya Sanhita (BNS), including section 109, which carries a maximum punishment of life imprisonment.
The incident took place on July 17 at 5:30 pm. The FIR states that the accused assaulted the complainant with kicks, fists and a bamboo stick. It also alleges that a co-accused attempted to strangle the complainant while the accused held his hands.
Team Analysis
The defense counsel argued that his client was falsely implicated and that the complainant had assaulted Kapare with a stick. It submitted CCTV footage to support the claim.
The prosecution submitted that the complainant suffered multiple injuries in the attack which occurred while he was discharging his official duties as a public servant, making the offence grave. The prosecution argued that custodial interrogation of the applicant was necessary to recover the stick used in the attack.
The court noted that the investigating officer prima facie identified the applicant in the footage as the person who assaulted the complainant with the stick, which is yet to be recovered. Since the investigation was at a preliminary stage and three co-accused had already been arrested, the court held that the applicant’s custodial interrogation was necessary.
Rejecting the defence argument that the applicant deserved protection because he was an advocate, the court said, “The Constitution of India enshrines equality before the law… and the applicant being an advocate has no special privilege…”
The court held that granting anticipatory bail to the applicant will send a wrong message to society at large, it dismissed the application.
District Government Pleader Adv Pramod Bombatkar represented the state.
