Single-judge order rejecting an anticipatory bail application. The court found a prima facie case under Section 307 IPC based on a throat-cut injury and denied bail, vacating earlier interim protection.
Application for anticipatory bail rejected; interim protection order dated 18.04.2016 vacated.
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ABLAPL No. 3192 of 2016
22.06.2016 Heard learned counsel for the petitioner and the learned Addl. Government Advocate.
The petitioner is apprehending arrest for the alleged commission of offences under Sec
tion 307 of the I.P.C. in G.R. Case No. 407 of 2015 of the court of S.D.J.M., Karanjia, arisin
g out of Raruan P.S. Case No.44 of 2015.
It is apparent from the records that the petitioner has cut the throat of his wife, th
e victim of this case, out of anger. It is apparent from the records that the size of the inju
ry is 8 cm x 1 cm x 3 cm situates before the right aurille upto the midline.
Keeping in view the nature of injury and the manner it was inflicted, this Court finds
that a prima facie case under Section 307 of the I.P.C. is made out against the petitioner an
d also keeping in view the punishment prescribed for the offence alleged, this Court is not in
clined to grant anticipatory bail to the petitioner.
Accordingly, the application for anticipatory bail is rejected.Interim protection granted by order dated 18.04.2016 stands vacated.J.
2
1 issue framed by the court
Whether the petitioner is eligible for anticipatory bail given the prima facie case under Section 307 IPC and the nature of the injury inflicted.
2 provisions across 2 enactments
Petitioner
The State
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court