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Bombay High CourtABA/861/2015anticipatory bail rejected

Mahesh Bhausaheb Salunkhe v. The State Of Maharashtra

2015-06-24Hon'Ble Mrs. Justice Mridula Bhatkar2 pages

906.ABA861_2015.doc Vidya Amin

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 861 OF 2015 Mahesh Bhausaheb Salunkhe ... Applicant Vs.

The State of Maharashtra ... Respondent Mr. Rupesh A. Zade, Advocate for the applicant. Mr. D.P. Adsule, APP for the respondent/State. CORAM: MRS.MRIDULA BHATKAR, J.

DATE : JUNE 24, 2015 P.C.:

This Application is moved for pre-arrest bail under section 438 of the Criminal Procedure Code, as the applicant/accused is facing charges under sections 302, 504 of the Indian Penal Code in C.R. No. 139 of 2014 registered with Baramati Taluka Police Station, Pune. One Smt. Manda Salunkhe has given complaint on 9th May, 2015. 2.

This being the first date, the Investigating officer not present. 3.

Perused the FIR. The applicant/accused is a grandson of deceased Vitthal Salunkhe. On 8th May, 2015 in the evening at around 6 p.m., due to the land dispute, the applicant, in the presence of the complainant and other relatives, kicked his grandfather on his throat and assaulted him on his head. The grandfather suffered injuries. The blood started oozing out 1 / 2

906.ABA861_2015.doc from his nose. He was shifted to the hospital but died two hours thereafter in the hospital. Considering the manner in which the applicant has assaulted his grandfather, I am of the view that this is not a case to grant anticipatory bail. Hence, the Application for anticipatory bail is rejected. (MRS.MRIDULA BHATKAR, J.) 2 / 2