Court grants default bail to accused in attack on journalist

The journalist with Marathi daily, was attacked on May 27 with a koyta, and the victim filed a complaint at Swargate police station later

Judicial magistrate First Class (JMFC) TS Gaigole on Monday, August 28 released six accused arrested in connection with an alleged attack on journalist Harshad Katariya in the city. The journalist with Marathi daily, was attacked on May 27 with a koyta, and the victim filed a complaint at Swargate police station later.

The accused were released on bail on a personal bond of ₹30,000 each. (REPRESENTATIVE PHOTO)

The accused, Pratamesh Tonde, Abhishek Rokate, Prashant Kale, Shreyas Mate, Ravindra Raikar and Vishal Raikar were arrested and had filed default bail application through their lawyer advocate Jagdish Shinde under section 167(2) of the Code of Criminal Procedure before JMFC. The judge in her order released them on default bail as the investigating police team did not file the chargesheet within the stipulated period of 60 days. The accused were released on bail on a personal bond of ₹30,000 each.

The advocate for the accused argued that the accused are alleged to have committed an offence punishable under IPC sections 307, 304, 506(2), section 3 (25), 4 (25) of the Arms Act, section 37 (1) read with 135 of MP act and section 4 of Maharashtra Media Persons and Media Institutions (Prevention of Violence and damage or loss to property act 2017). He, however, argued that as per the prosecution claim, no hurt was caused to the victim, thus the present case falls under the first part of 307 of IPC, and therefore the chargesheet ought to be filed within a period of 60 days.

The judge in her order stated, “In view of section 167 (2) as per proviso (a) (ii) the period of 60 days will be applicable for filing the chargesheet. Till today (Monday, August 28) the accused are in magisterial custody. The period of 60 days is over in the present case. Therefore, the accused are entitled to be released on default bail. Hence it will be just and proper to grant default bail to the accused and to issue notice to IO for non-filing of chargesheet within stipulated period,” the order stated.