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

:

26^th 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 26^th December, 2020.

2.

The complainant Arjun Sahejrao has alleged that, there

was quarrel on 25^th December, 2020. On 26^th 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

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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

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