Bombay HC Directs Man Accused Of Verbal Assault On Tehsildar To Deposit Rs.50,000 To CM's Welfare Fund As A Condition For Granting ABA [Read Order]

The Bombay High Court on Monday directed a man accused of verbally assaulting a public servant who was discharging her duty, to deposit Rs.50,000 with the Chief Minister's Welfare Fund as a condition for granting him anticipatory bail in a case registered against him under various provisions of the Indian Penal Code.

Justice Bharati Dangre was hearing an anticipatory bail application filed by Farukh Dalvi, who was apprehending arrest in relation to FIR registered against him by Tehsildar, Shahapur on April 5, 2020 under Sections 353, 504, 506, 141, 143 and 148 of the IPC.

The complaint is lodged in the backdrop of the Covid-19 pandemic when the Government machinery was grappling with an extreme situation when the lock-down was declared on March 24, 2020 and several workers/labourers who were engaged in various activities in the city of Mumbai made an attempt to leave for their village. The Government was in the process of assisting the migrants and ensuring their safe passage to their respective place of abode at far away places.

In this situation, on March 29, a batch of such migrants started from Vasai-Virar and were proceeding towards Shahapur. The complainant working as Tahsildar in Shahapur was instructed to arrange for their lodging and boarding and accordingly, a batch of around 80 such migrants were to be offered shelter in Ashram school, Shirur Village.

At that point of time, Farukh Dalvi, accompanied by several persons, seriously objected to this plan. The complainant was placed in a distress situation and she sought assistance of Shahapur Police Station by informing on telephone. The allegation of the complainant is the applicant verbally abused her and threatened her with dire consequences.

Court noted-

"The act of the applicant clearly amounts to interfere in the discharge of duty by a public servant and since the attempt was to abuse which, however, is akin to use of some force, but not strictly fall within the purview of use of criminal force. However, the attempt was with an object to deter the complainant from discharging the duties as public servant."

Applicant's counsel Vijay Thakur submitted that his client only stalled the habitation of the migrants in the school which was being done without following due process and according to him, the whole village would have been put at risk.

In any contingency, since the complaint comes from a public servant who was working on the post of Tahsildar and this was with an intention to deter her from discharge of duties, the applicant may be tried for the said offence, Court said.

However, taking the prima facie view of the matter, Justice Dangre noted that since the custodial interrogation of the applicant would serve no purpose, but subject to the stipulation that the applicant would cooperate in investigation by reporting to the Investigating Officer from September 2 to September 4 between 10 am to 2 pm.

Finally, the Court observed-

"It is no doubt true that the applicant has attempted to deter the complainant from discharge of her duties and particularly when he considers himself to be a social worker rather it was imperative on his part to assist the Government agency in securing shelter to the migrants. Instead, the version of the complainant is to the contrary. However, accepting the bonafides of the applicant that he was objecting to their refuge with a genuine concern of the villagers, I am ready to accept the same.

However, as a responsible person and since he claims to be a social worker, he must contribute an amount of Rs.50,000/- in the Chief Minister Welfare Fund for aiding the State Government which is grappling with an unpredicted situation and coping with a grim and stressful scenario."

The above will be an additional condition for the applicant's release and in the event of his arrest, the applicant shall be released on bail on furnishing PR bond to the extent of Rs.25,000, Court clarified.

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