The High Court at Bombay confirmed an interim anticipatory bail order granted on March 27, 2019, noting the applicant's presence at a shop at the time of the crime involved poisoning, supported by witness statements and CCTV footage.
Interim bail order dated 27.3.2019 confirmed; applicant directed to appear before Investigating Officer.
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.
Nalawade
508-aba-751-19.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION
ANTICIPATORY BAIL APPLICATION NO. 751 OF 2019
Aarif Gulab Attar ….Applicant. vs. The State of Maharashtra ….Respondent.
Mr. Tripti R. Shetty for Applicant. Mr. S.S. Kaushik, APP. for State.
CORAM : P.N. DESHMUKH, J. DATE : 15th April, 2019
PC :
merits as Investigating Officer is present with the case diary. Perusal of interim order would reveal that accused involved in this crime
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Nalawade 508-aba-751-19.doc administered poisonous substance to the deceased in the night of 7.2.2019. As there was reference of preservation of viscera,
Investigating Officer has today produced viscera report, according to which, deceased died of poisonous substance which is agricultural pesticide. This court while granting interim protection in favour of applicant had noted that at the time of incident applicant was present in his shop. Incident took place at the matrimonial home of deceasedwife. Learned APP. on instructions makes a statement that in fact the applicant was present in the shop at the material time is substantiated from the statement of witnesses who are working in the shop thereby establishing his presence in the shop. It is further pointed out that, even from CCTV footage of shop of which panchanama is drawn, presence of applicant is found in the shop at the material time. In that view of the matter, prima facie, it is found that though deceased was administered poisonous substance applicant is no where concerned with the said incident. In that view of the matter, interim order is liable to be confirmed. Hence, the following order.
ORDER
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508-aba-751-19.doc
Nalawade
conditions with further directions to applicant to attend the Investigating officer as and when called till filing of charge sheet.
( P.N.DESHMUKH, J.)
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Aarif Gulab Attar
The State of Maharashtra
P.N. Deshmukh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
