Bombay HC Grants Bail To Fruit Vendor Accused Of Murder, Rules Act Was Not Premeditated

Mumbai: The Bombay High Court has granted bail to Shivprasad Ambika Jaiswal, a fruit vendor accused of murder under Section 302 of the Indian Penal Code, after observing that the act was not premeditated and stemmed from a sudden altercation.

Jaiswal was arrested on April 16, 2024, following an incident the previous night in which he allegedly pushed and assaulted an intoxicated man outside Vindhyavasini Temple in Pelhar, Thane district.

The victim, who had reportedly refused to leave the temple premises despite pleas from his wife and objections from Jaiswal, later died after being dragged to a footpath by the accused.

According to the prosecution, CCTV footage and witness statements show Jaiswal hitting the victim even after he fell unconscious. However, the defense advocate, Anirudh Yadav, argued that the incident occurred as a spur-of-the-moment act without any intention to kill, as the victim was intoxicated and had provoked a verbal exchange.

Justice Milind N. Jadhav, while granting bail, held, “It is prima facie seen that there is no deviation whatsoever from what is stated by the wife of the victim. Even though the prosecution has vehemently argued that the act of the accused led to the death of the victim, upon seeing the medical report, it is prima facie seen that the death occurred due to hemorrhagic shock caused by a splenic injury and intracranial hemorrhage—injuries that could also result from an involuntary fall, particularly as the victim was admittedly in an intoxicated state. However, upon overall consideration and reading the prosecution’s case as it emerges from the record and chargesheet, it is seen that the applicant had no intention to commit murder. The act occurred on the spur of the moment due to an escalating quarrel, triggered by the victim’s refusal—while intoxicated—to leave the spot, as corroborated by witnesses.”