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Bombay High CourtBA/1511/2022application allowed

Kakasaheb Bhaurao Jadhav v. The State Of Maharashtra

2022-10-03Hon'Ble Shri Justice R. G. Avachat3 pages

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 27th July, 2022. Informant is the father-in-law of the deceased. It is his case that the 1 / 3

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

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