High Court at Aurangabad granted anticipatory bail to the applicant in a murder case under IPC 302/34 arising from drowning. The court held that as the case was circumstantial with no physical assault, the application deserved consideration.
Application for anticipatory bail under Section 438 CrPC allowed; interim protection made absolute.
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.
ABA549-21
IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD
ANTICIPATORY BAIL APPLICATION NO. 549 OF 2021
Krishna s/o Sidram Kamble Age 25 years, Occu: Contractor R/o Yeshwant Nagar, Murum, Tq. Omerga, Dist. Osmanabad
... Applicant
VERSUS
The State of Maharashtra, Through : Incharge Police Inspector, Police Station Murum Tq. Omerga, Dist. Osmanabad
... Respondent
Mr. A. B. Jagtap, Advocate for the applicant, Mr. V. M. Kagne, APP for the State.
CORAM : V. G. BISHT, J. DATE : 18th August, 2021.
ORDER :
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ABA549-21
Page 2 of 3
ABA549-21
case is based on circumstantial evidence but the fact remains that the deceased was seen in the company of the present applicant and other accused and immediately thereafter the informant was informed about the death of the deceased. The learned A.P.P. has also filed on record the investigation papers for perusal.
(V. G. BISHT, J.)
JPC
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2 issues framed by the court
Whether anticipatory bail should be granted to the applicant in a murder case based on circumstantial evidence involving drowning.
Whether the interim protection granted earlier should be made absolute.
2 provisions across 2 enactments
Krishna s/o Sidram Kamble
The State of Maharashtra
V. G. BISHT
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
