Shessherao Baliram Jadhav v. The State Of Maharashtra
2025:BHC-AUG:19914
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD ANTICIPATORY BAIL APPLICATION NO. 614 OF 2025 Shessherao Baliram Jadhav
Versus
The State of Maharashtra ------------------------- Ms. Madhaveshwari Mhase for the Applicant.
Mr. A. V. Lavte, APP for the State.
------------------------- CORAM :
ADVAIT M. SETHNA, J.
DATE :
29 JULY 2025 P. C.:
1.
At the very outset it is to be noted that this Application was listed on earlier occasions. The Applicant is protected by an order dated 24 April 2025. A perusal of the said order would reveal that it is a detailed order. The details of the FIR including the date of the incident and the nature of accusations have been duly recorded in the said order. The Court has also dealt with the law of applicability under Section 306 of the Indian Penal Code in light of the judgments of the Supreme Court. This was in the context of the alleged offences, inter alia, under Section 108 of the Bharatiya Nyaya Sanhita, 2023. The Court in paragraph 8 of the said order has imposed certain terms and conditions and accordingly protected the Applicant.
2.
Learned APP has instructions to state that the Applicant has duly complied with the order dated 24 April 2025. The Applicant has cooperated with the investigation. In that view of the matter, it can be inferred
that the Applicant has duly joined the investigation. There is nothing adverse on record on the parameters of prima facie case which is demonstrated by the prosecution. In this regard, Mr. Lavte would submit that the case diary would reveal that there are certain statements recorded inter alia on 13 March 2025 of the son and daughter/family members of the accused which would corroborate the contents of the FIR inasmuch as the allegation of the abatement of the suicide of the deceased is concerned. However, it may be pertinent to note that these statements are of 13 March 2025 and 16 March 2025 respectively. These were very much available with the prosecution when the Court passed its order dated 24 April 2025. These are not in that sense subsequent developments.
As noted above, the Court has already considered the aspect of prima facie case in detail in its order dated 24 April 2025. As far as the aspect of custodial interrogation is concerned, the prosecution agrees that the Applicant co-operated with the investigation. In such view of the matter, physical custody of the Applicant, at this stage, would serve no purpose.
ORDER
(i) In the event of arrest of the Applicant in connection with CR No.57 of 2025 registered with Nilanga Police Station, District Latur for the offences punishable under Sections 108, 351(2),
351(3), 3(5) of the BNS, the Applicant is directed to be released on bail on his furnishing PR bond in the sum of Rs.20,000 (Rupees Twenty Thousand Only) with one or more sureties in the like amount.
(ii) The Applicant shall cooperate with the investigation and shall attend the concerned police station as and when called by the Investigating Officer, until filing of the charge-sheet. (iii) The Applicant shall furnish details of residential address and other contact details such as mobile number etc. to the concerned police station. If there is any change in the contact details, the same shall be immediately intimated to the concerned police station.
(iv) The Applicant shall not leave the jurisdiction of the Court without prior permission/order of the Court, until the chargesheet is filed. (v) The Applicant shall not influence the witness/es and/or tamper evidence in any manner whatsoever.
3.
Needless to mention that the observations made above are prima facie for the purposes of adjudicating this Application. 4.
The Anticipatory Bail Application is allowed in the above terms. [ADVAIT M. SETHNA, J.]