Bombay High Court Grants Bail to a 27-Year-Old Guilty of Attacking the Police Amidst Lockdown

The Bombay High Court on 9th June 2020 granted bail to the applicant, Karan Nair, who was arrested for attacking the police. The Police ordered the 27-year old Architect to wear a mask and questioned him for walking around at marine drive Mumbai at night amidst the lockdown.

Justice Bharati Dangre heard the bail application filed by the applicant, Mr. Karan. The court ruled that in coherence to the prevalent situation of the pandemic, jails have been flooded. Since, the applicant was a first-time offender, the court granted him the bail.

Fact-review

On 8th June, Police Inspector Jitendra Pandurang Kadam was on duty at Marine Drive. Eventually, he stopped the applicant and ordered him to wear a mask. However, due to certain personal issues, the applicant furiously attempted to charge. He clarified that the architectural equipment with him, were not deadly weapons. The applicant continued to run and subsequently, Mr. Kadam caught hold of him. Later, the police took him into custody and jailed since then. The applicant was represented by Advocate Niranjan Mundargi and APP AR Kapadnis for the State.

What the court concluded…

The Bombay High court observed that the applicant did not have any criminal antecedents. Moreover, it stated that the applicant was only being obscure in his acts. Importantly, Justice Dangre also stated:

“The situation of the spread of pandemic has brought on an atmosphere of weariness and exasperation and a young person like the applicant has fallen trap into the scenario.”

In conclusion, the court ordered the applicant to deposit P.R Bond in the sum of Rs. 50000, with one or two sureties in the liked amount. However, the authorities have temporarily released him on depositing cash bail with the jail authorities.

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