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Bombay High Court

Kakasaheb Bhaurao Jadhav vs The State Of Maharashtra on 3 October, 2022

Author: R.G. Avachat

Bench: R.G. Avachat

                                                                               46-BA-1511-22.odt




                IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                           BENCH AT AURANGABAD

                         BAIL APPLICATION NO. 1511 OF 2022

Kakasaheb Bhaurao Jadhav                                        ..APPLICANT
        VERSUS
State of Maharashtra                                            ..RESPONDENT

                                           ....
Mr. V.S. Valse, Advocate for applicant
Mr. A.V. Deshmukh, A.P.P. for respondent - State
Mr. T.M. Venjane, Advocate for assist to A.P.P.
                                       ....

                                                  CORAM : R.G. AVACHAT, J.
                                                  DATE : 03rd OCTOBER, 2022

PER COURT :


1.             This is an application for bail under Section 439 of Code of

Criminal Procedure.           The applicant has been arrested in connection with

Crime No. 196 of 2022 registered with Murud Police Station, Dist. Latur for

the offences punishable under Sections 302 and 201 of the Indian Penal

Code.



2.             Heard.        Perused the First Information Report ("F.I.R.") and

related police papers.



3.             The F.I.R. has been lodged by one Vitthal Jadhav on 27 th July,

2022. Informant is the father-in-law of the deceased. It is his case that the


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deceased had illicit relationship with the present applicant.               There was a

quarrel between the husband of the deceased and the present applicant over

the same.      Since then the deceased was not on talking terms with the

applicant. It is on 26th July, 2022, the deceased was found dead in the land of

the present applicant.



4.            The cause of death is said to be electrocution. The scene of

offence panchanama indicate that the deceased had been to the field. A live

electric wire was found in her hand. Her thumb was burnt. She died of

electrocution.       The informant, therefore, suspected the applicant to have

given her electric shock with a view to eliminate her. Except this strong

suspicion there is noting in support of the same. The applicant is in jail for

over two months.           In the facts and circumstances of the case, pre-trial

detention of the application appears to be unwarranted.                    The Court is,

therefore, inclined to grant the applicant bail.



5.            In view of above, the application deserves to be allowed. Hence I

pass the following order :-


                                        ORDER

(I) The bail application is allowed.

(II) The applicant be released on bail, in connection with Crime No. 196 of 2022 registered with Murud Police Station, 2 / 3 ::: Uploaded on - 04/10/2022 ::: Downloaded on - 04/10/2022 19:56:52 ::: 46-BA-1511-22.odt Dist. Latur for the offences punishable under Sections 302 and 201 of the Indian Penal Code, on executing P.R. Bond in the sum of Rs.15,000/- (Rupees Fifteen Thousand) with one surety in the like amount.

(III) The applicant shall mark his attendance in Murud Police Station, Dist. Latur once a week i.e. on every Sunday between 10:00 a.m. to 11:00 a.m. for next eight months.

(IV) The applicant shall not tamper with the prosecution evidence.

( R.G. AVACHAT, J. ) SSD 3 / 3 ::: Uploaded on - 04/10/2022 ::: Downloaded on - 04/10/2022 19:56:52 :::