The High Court at Bombay made anticipatory bail order interim absolutely, noting simple injuries sustained and lack of premeditation in a spur-of-the-moment assault.
The interim order of anticipatory bail dated 3 November 2023 is 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.
2023:BHC-AS:37902
6 aba 3115 of 2023.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.3115 OF 2023
Siddharth Neminath Salunke
… Applicant
versus
State of Maharashtra
… Respondent
Mr. Kuldeep Nikam, for Applicant. Ms. Anamika Malhotra, APP for State.
Mr. Ganesh Fartade, PSI, Vishrambag Police Station present.
CORAM: N.J.JAMADAR, J. DATE : 15 DECEMBER 2023
P.C.
protection, inter alia, observing as under :
“6. Having regard to the nature of the accusation, it appears that the role attributed to the applicant is that of assaulting the injured by means of a stick on the back of the injured. It would, therefore, necessary to ascertain whether the injured had sustained any grievous injury. The question as to whether the applicant also shared common intention to attempt to commit murder of injured would also arise for consideration. In the circumstances, I am impelled to grant interim protection to the applicant.”
3. Perused the injury certificate of Ganesh Magar. The injury attributed to
the applicant is bruise on right shoulder. The Medical Officer has designated the
injury as simple. In the circumstances of the case, having regard to the fact that the
SSP 1/2
6 aba 3115 of 2023.doc
incident occurred at the spur of moment, and there does not seem to be premeditation, in my view, the order of interim bail deserves to be made absolute.
( N.J.JAMADAR, J. )
SSP 2/2
Siddharth Neminath Salunke
State of Maharashtra
N.J.JAMADAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
