Narayan Rane 'Slap' Remark- Arrest Justified, Custodial Interrogation Uncalled For: Magistrate Records While Granting Bail

Judicial Magistrate First Class SS Patil granted bail to Rane in one of the four FIRs registered against him in Maharashtra in a late-night hearing, on Tuesday.

The APP and IO objected the bail on the grounds that the accused may make similar statements "to create disharmony in the community".

With this in mind, the Court imposed a condition while granting bail that Rane "shall not commit a similar type of offence."

The court rejected Rane's contention that the procedure before arrest was not followed as he was not issued a notice under section 41A of the CrPC.

"... It is the prosecutions case that the accused made the above statement in an interview with the media. Admittedly the accused being a Central Cabinet Minister police necessary should have remain along with him. Apart from this, there is a first information report against the present accused lodged by one of the members of the political party. Considering reason of arrest and reasons discussed above I found that arrest is justified," the court said in its order.

The court however said that Rane's custodial interrogation was not required because he made the alleged statements in front of the media and the police. The court noted that the statements were already viral on social media.

"Considering the nature of offence, I do not find it necessary to hand over in custody," the court said.

Additionally, the magistrate observed that the case diary was not properly maintained as per the mandate laid  down in Section 172(I-B) of CrPC.

"Considering the above factors no prejudice will be caused to the prosecution if the accused is released on bail on certain terms and conditions," the court said.

In its order, the court further noted that while Rane's lawyer, Senior Advocate Rajendra Shirodkar said that he had advised his client not to make such statements in the future, but he refused to give an undertaking to the court citing the liberty of the accused.

Rane is to be released on furnishing a surety of Rs 15,000. The court had also asked him to cooperate with the investigation when his voice samples are to be collected.

The Mahad MIDC police arrested the BJP leader, who joined Prime Minister Narendra Modi's cabinet in July, under sections 153A (1)(provoke to riot), 505(2), 504, 506(criminal intimidation), 189 (threat of injury to public servant) of the IPC.