Bombay High Court Orders Release Of Pharmacy Student Held For Social Media Post Aimed Against NCP Supremo Sharad Pawar

The division bench of Justices Nitin Jamdar and NR Borkar said they were granted interim relief while hearing his quashing petition filed invoking Article 226, section 482 of the CrPC and section 407 of the CrPC. The bench orally observed,

"He is a student; he is in custody since a month. We will pass an order granting him bail."

The Court further ordered that no coercive action be taken against him in cases he hasn't been arrested.

Earlier, the High Court had asked the prosecutor to take instructions from the Home Department regarding the matter, adding that the "state's grace will be saved" if they voluntarily decide not to oppose his release.

Bhamre was arrested from Nashik on May 13, 2022, for posting a critical tweet against Pawar. Significantly, the post did not mention the political leader's name. He was booked under Sections 153(A) 505 (2), 506, 107, and 153 of IPC in six FIRs. 

In his tweet, Bhamre wrote, "It is time to create a Nathuram Godse of Baramati for a 'Gandhi' of Baramati. Uncle, do apologize." Baramati, situated in Pune, is the hometown of Sharad Pawar.

On Tuesday, the prosecution informed the Court that there are six FIRs registered against Bhamre and he is arrested in connection with three of them.

"My instructions are that in the 1st CR, the Dindori-Nashik CR he is already released on bail. In the other two his bail pleas are rejected and he has directly approached the court," Chief Public Prosecutor Aruna Pai submitted. She added that Bhamre hadn't challenged the orders refusing him bail. 

Advocate Subhash Jha assisted by Advocate Hare Krishna Mishra for Bhamre submitted that in none of these cases was a notice for appearance under Section 41A of CrPC issued to Bhamre. "In a case like this, I may not be relegated to different courts. There cannot be so many FIRs. I shouldn't have been arrested."

After hearing both sides the court said it will pass a detailed order or granting him bail in two cases he was denied relief, and protection in the remaining FIRs against him. The quashing petition should be listed for hearing after three weeks, the bench ordered. 

Case Title: Mr.Nikhil Shyamrao Bhamare. V/s. State of Maharashtra and another

Citation: 2022 LiveLaw (Bom) 222

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