A single-paragraph order granting anticipatory bail to the applicant because no poisonous substance was found in the informant's stomach wash, rendering Section 328 IPC inapplicable.
Application allowed; interim relief confirmed; condition to attend IO waived.
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.
aba.2640-2018.doc
Dond
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION
ANTICIPATORY BAIL APPLICATION NO.2640 OF 2018
Mohd. Wasim H. Khan ..Applicant Vs The State of Maharashtra ..Respondent
Mr. Ravi Dwivedi for applicant. Mr. Amit Palkar, APP for State.
CORAM : A.S.GADKARI, J. DATE : 14th March 2019.
P.C.:
1] By an Order dated 21st December 2018, the applicant was granted interim relief and was directed to attend the Investigating Officer as and when called for.
2] Perusal of the record of investigation would indicate that, in the stomach wash of the informant, no poisonous substance was found. It is therefore difficult to accept the contention of the prosecution that, Section 328 of the Indian Penal Code can be applied to the present crime.
3] In view thereof, the applicant is entitled to be protected by prearrest bail. Interim relief granted by Order dated 21st December 2018 is hereby confirmed.
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aba.2640-2018.doc
However, the condition to attend the Investigating Officer is
waived.
4] Application is allowed in the aforesaid terms.
(A.S.GADKARI, J.)
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1 issue framed by the court
Whether applicant is entitled to anticipatory bail given the lack of found evidence in stomach wash.
1 provisions across 1 enactments
Mohd. Wasim H. Khan
The State of Maharashtra
A.S. Gadkari
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
