High Court of Judicature at Bombay rejected an anticipatory bail application. The court found the assault involved a sharp weapon causing incised wounds, making it an unfit case for pre-arrest bail under Section 438 CrPC.
Application for anticipatory bail is rejected and disposed of.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.1559 OF 2015
Suleman Usman Sayyed ...Applicant Versus The State of Maharashtra ...Respondent
Mr.S.M.Shoaib, for the Applicant
Mr. Y. M. Nakhwa, A.P.P for the Respondent-State
CORAM : REVATI MOHITE DERE, J. DATE : 19th OCTOBER, 2015
on 26th May, 2015 at about 8.30 p.m. He has alleged that when he was
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standing near his house, co-accused - Ali came there and held his hands and that the applicant slapped and abused him in filthy language. It is alleged that thereafter the applicant made a phone call to the co-accused – Faizan and Sameer, pursuant to which both came to the spot armed with swords. It is alleged that co-accused – Sameer attacked the complainant on his right hand and back and the present applicant assaulted the complainant on his head. It is further stated that as he cried for help, people came and rescued him, pursuant to which the accused ran away from the spot.
the order enlarging the co-accused on regular bail shows that the injuries sustained by the complainant are simple in nature.
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there is incised wound of 5 cms X 0.5 cms X 0.5 cms on the right contex region. It appears to have been inflicted by a sharp weapon.
REVATI MOHITE DERE, J.
1 issue framed by the court
Whether this is a fit case to exercise discretionary powers for pre-arrest bail under Section 438 CrPC.
1 provisions across 1 enactments
Suleman Usman Sayyed
The State of Maharashtra
Revati Mohite Dere
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
