This order converts the ad-interim anticipatory bail granted on 9th August 2011 to absolute. The court was satisfied that medical certificates were unavailable and no fracture or serious injury was reported within two days.
Ad-interim anticipatory bail granted on 9th August 2011 is made absolute.
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SNS
IN THE HIGH COURT OF JUDICATURE AT MUMBAI APPELLATE CRIMINAL JURISDICTION ANTICIPATORY BAIL APPLICATION NO.605 OF 2011
1 Nitin Audumbar Navale
2 Suraj Audumbar Navale...Applicants.
v/s
The State of Maharashtra ...Respondent.
Mr.P.G.Sarda ,adv. For the Applicants.
Ms P.P.Shinde ,APP For the Respondent/State.
CORAM : J.H. BHATIA,J.
DATED : AUGUST 23,2011.
P.C.
1Heard.
2The applicants seek anticipatory bail in
crime no.55 of 2011 registered with Pangari Police
Station for the offences punishable under Sections
143, 147, 148, 323,324, 326, 436 r/w section 149 of
the I.P.C.
3Heard the applicants. Nitin and Suraj, who
had allegedly assaulted the Sunil with iron bar and
injured him on 9th April, 2011. While granting ad-
interim anticipatory bail to the applicants, this
Court had granted one week's time to prosecution to
take instructions regarding the injuries sustained
by Sunil. On 16.8.2011 again the matter was
adjourned for the same purpose. Today the learned
2
APP on instructions states that medical certificate
is not available but said Sunil was discharged from
the hospital within two days and he has not suffered
fracture, etc.
4In view of the above, ad-interim
anticipatory bail granted on 9th August, 2011 is
hereby made absolute and the application stands
disposed off.
2 issues framed by the court
Whether ad-interim anticipatory bail should be made absolute by making an absolute order on the applicants' application for anticipatory bail.
Whether the medical certificate of the victim Sunil being unavailable affects the court's decision.
8 provisions across 1 enactments
Nitin Audumbar Navale
Suraj Audumbar Navale
The State of Maharashtra
J.H. BHATIA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court