Uddhav Thackeray-Led Faction Member Gets Anticipatory Bail For Alleged Obscene Comment On Maharashtra CM Eknath Shinde

A sessions court in Dindoshi recently granted anticipatory bail to Uddhav Thackeray-led faction member - Hemant Palav – booked for 'insulting the modesty' of a member from the opposing Shiv Sena faction led by CM Eknath Shinde.

Additional Sessions Judge Ashish Ayachit refused to comment on the merits of the case except to hold that custodial interrogation of the accused wasn't required. 

"Having gone through the above comments and considering the facts and considering the nature of offence, its punishment I am of the considered opinion that custodial interrogation of the applicant is not at all necessary and warranted."

Palav had commented against the CM below a news article published by Maharashtra Times on Facebook using the word "condam". A member of the Shinde faction claimed she and other women from the party felt ashamed after reading the comment and hence lodged a complaint.

Palav was booked by the MIDC Police under Sections 509 (insult to a woman's modesty by words or actions), 153A (promoting enmity between groups) of the Indian Penal Code and Section 67 (prohibiting obscene material) of the Information Technology Act.

Before the HC, Advocate Siddhikesh Ghosalkar represented Hemant Palav during the proceedings. He asserted that the case lacked grounds for custodial interrogation since it was politically motivated.

He highlighted that the complainant and the accused were party workers of the undivided Shiv Sena, emphasizing their separation after the party split. Ghosalkar argued that the police failed to establish any offence, and custodial interrogation was unnecessary, urging the court to grant anticipatory bail.

On the contrary, Assistant Public Prosecutor Sachin Jadhav vehemently opposed the application, citing the ongoing investigation and the potential threat to witnesses if the accused were released on bail.

After perusing the FIR and considering the arguments, the court said that while the informant reported the comments as an outrage to the modesty of women, it did not find custodial interrogation necessary, given the nature of the offence and punishment.

The court ordered Palav to be released on anticipatory bail on executing a personal bond of Rs.15,000/ each, with one surety in the like amount and refraining from making any comments on the case that may hurt the feelings of the public, attending the police station when called by the Investigating Officer, not travelling abroad without prior permission, and not threatening witnesses or tampering with prosecution evidence.