Sushil Jagannath Kabadi v. The State Of Maharashtra And Another

2025:BHC-AUG:11926 618.25ABA

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 935 ANTICIPATORY BAIL APPLN NO. 618 OF 2025 SUSHIL JAGANNATH KABADI

VERSUS

THE STATE OF MAHARASHTRA AND ANOTHER ...

Advocate for Applicant : Mr.N.B.Narwade APP for Respondent-State : Mr.S.P.Sonpawale ...

CORAM : ARUN R. PEDNEKER, J.

DATE : 23.04.2025 P.C. :

1] Heard learned counsel for the applicant and the learned APP for the respondent-State.

2] The applicant is apprehending arrest in connection with Crime No. 0117/2025, registered with Shevgaon Police Station, Taluka Shevgaon, District Ahmednagar, for the offence punishable under Sections 85, 352, 351 (3), 351 (2), 3 (5), 115 (2), 108 of the B.N.S. 2023.

3] The learned APP submits that there were altercations between the deceased and the applicant and at the time of incident, the deceased was residing with the applicant.

618.25ABA 4] The learned APP produced the p.m. report, which shows contusion over anterior surface of upper part of right lung due to blunt trauma over the upper part of chest by hard and blunt object. The trial Court has stated that this injury being ante-mortem creates doubt in mind about the suicide of the deceased.

5] The custodial interrogation of the applicant is necessary to ascertain the exact nature of offence which could be beyond 108 of BNS [306 of IPC]. As such, this is not a case to grant anticipatory bail. Hence, the present application is dismissed.

6] It is also clarified that the observations made in this order are limited to the disposal of the present anticipatory bail application and the trial Court shall not be influenced by the observations of this Court while deciding regular bail or at trial.

[ARUN R. PEDNEKER] JUDGE DDC