Siddharth Neminath Salunke v. State Of Maharashtra

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.

1.

Heard the learned Counsel for the parties.

2.

By an order dated 3 November 2023, this Court had granted interim 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. 4.

Hence, the order of interim bail dated 3 November 2023 is made absolute on the terms and conditions incorporated therein. 5.

The Applicant shall regularly attend the proceedings before the jurisdictional Court.

6.

The application stands disposed.

( N.J.JAMADAR, J. ) SSP 2/2