Gulab Shripati Salve v. The State Of Maharashtra

10-ABA-739-2021.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 739 OF 2021 Gulab Shripati Salve ... Applicant

Versus

The State of Maharashtra ... Respondent .....

Mr. Ravindra Sawant i/b. Dhiraj Legal Associates, Advocate for the Applicant.

Mr. Y. M. Nakhwa, APP for the Respondent - State. Mr. Ashfaque Shaikh, (A.P.I.) Vanrai Police Station, Present. .....

CORAM

:

PRAKASH D. NAIK, J.

DATE :

26th APRIL, 2021 PER COURT :

1.

This is an application for anticipatory bail in C.R. No. 1001 of 2020 registered with Vanrai Police Station, Mumbai for offences under Sections 307, 504, 143, 147, 148, 149, 506 of Indian Penal Code (for short "IPC"). The First Information Report (for short 'FIR') was registered on 26th December, 2020. 2.

The complainant Arjun Sahejrao has alleged that, there was quarrel on 25th December, 2020. On 26th December, 2020, applicant, co-accused Vishal Salve, Vicky Salve, Vinod More and Tushar Sawant assaulted the complainant. Thereafter, Vishal Salve gave blow by weapon on the chest of the complainant. Vicky Salve also assaulted on the right shoulder and the applicant assaulted by sharp weapon on the face of the complainant. The other accused Sajakali Jamadar

10-ABA-739-2021.doc assaulted him by fist and kick blows. The applicant has also instigated others to assault the complainant. 3.

Learned advocate for the applicant submitted that there is discrepancy in the time of the incident as reflected in the FIR and C.C.T.V. footage. The co-accused were arrested and granted bail. Offence under Section 307 is not made out. The applicant has been falsely implicated in this case. Charge-sheet is filed against arrested accused.

4.

Learned APP submitted that the specific role has been attributed to the applicant. He was armed with weapon. He assaulted the injured. The injury certificate of the injured mention that he had suffered three grievous and one simple injury. 5.

On perusal of the FIR and other documents it is apparent that, overt act of assault has been attributed to the applicant. He was allegedly armed with weapon. The injured had sustained four injuries. Considering the material on record, no case for grant of anticipatory bail is made out.

ORDER

Anticipatory Bail Application No. 739 of 2021 is rejected and stands disposed of accordingly.

(PRAKASH D. NAIK, J.) Sajakali Jamadar