Gajanan Vishwanath Jadhav v. State Of Mah. Thr. Pso Ps Buldhana City Tq. And Dist.Buldhana
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (BA) NO.408 OF 2022 Gajanan Vishwanath Jadhav
Versus
State of Maharashtra, through P.S.O., P.S. Buldhana (City), Tq. & Dist. Buldhana Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order Shri S.U. Bhuyar, Advocate for the applicant. Shri A.M. Deshpande, A.P.P. for the non-applicant/State. CORAM : ANIL S. KILOR, J.
DATED : 14/07/2022 1.
The applicant is seeking pre-arrest bail in Crime No.677 of 2021, dated 09.08.2021, registered with Police Station, Buldhana (City), District: Buldhana, for the offences punishable under Sections 302, 307, 309, 498-A and 336 of the Indian Penal Code and Sections 4 and 25 of the Arms Act.
2.
Shri S.U. Bhuyar, learned counsel for the applicant submits that the applicant has been falsely implicated in the alleged offence. He further submits that there is no eye witness to the incident. Thus, he submits that the whole case is based on circumstantial evidence and as the applicant is in jail for about one year, his further custody is not required, in view of the fact that the charge-
sheet has already been filed. Accordingly, he prays for grant of bail.
3.
On the other hand, Shri A.M. Deshpande, learned APP opposes the present application and submits that the offence is very serious and the applicant had committed murder of his wife and he also tried kill his minor daughters and commit suicide.
4.
It is submitted that if the applicant is released on bail, there is a danger to the life of the daughters. He accordingly, prays for rejection of the present application. 5.
I have perused the Charge-sheet, First Information Report (FIR) and reply of the State. 6.
In this case, during the investigation, it is revealed that on 09.08.2021, when the parents of the deceased went for their work, there was a quarrel between the deceased and the applicant and at that time, he committed murder of his wife and thereafter, he tried to kill his daughters also.
7.
There were seven stab injuries found on the persons of the deceased, which is sufficient to show that, it was brutal murder.
8.
Thus, considering the material collected by the Investigation Officer during the investigation and seriousness of the offence and severity of the punishment coupled with the subsequent conduct of the applicant, I am of the opinion that this is not fit case for grant of bail. Accordingly, I pass the following order:
The criminal application is rejected.
[ANIL S. KILOR, J.] Signed By:CHETAN LOPCHAND DHAKATE Personal Assistant to the Hon'ble Judge