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Bombay High CourtBA/1066/2025disposedoff

Laxman S/O Narayan Kolhe v. State Of Maharashtra Thr Pso., Risod Ps Tah. Risod Dist. Washim

2025-11-17Hon'Ble Mrs. Justice Vrushali V. Joshi3 pages

2025:BHC-NAG:12181 1 / 3 15-ba 1066-25

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION(BA) NO.1066 OF 2025 Laxman Narayan Kolhe (in jail) Vs. State of Maharashtra ---------------------------------------------------------------------------------------------- Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders.

or directions and Registrar's orders.

---------------------------------------------------------------------------------------------- Mr.A.K.Dobade, counsel for the applicant.

Mr.C.A.Lokhande,APP for the State.

CORAM : MRS. VRUSHALI V. JOSHI, J.

DATE : 17/11/2025 1) The applicant is arrested in Crime No.349 of 2025 registered with Police Station Risod, district Washim, for the offence punishable under Section 103(1) of the Bharatiya Nyaya Sanhita, 2023.

2) The applicant is the father of the deceased. It is alleged that the father had committed the murder of his son as he was addicted to liquor and used to cause nuisance to his family as well as neighbours. Initially, the suicidal death was registered and after considering the Postmortem report and as confessional statement is made by the applicant to the police, that he killed the deceased due to his troublesome nature and his addiction. The learned counsel

2 / 3 15-ba 1066-25 for the applicant has stated that this statement is hit by Section Section 23 of the Bharatiya Sakshya Adhiniyam (BSA), 2023. Though the confessional statement is made, it is not admissible as it is extrajudicial confession. The applicant is the father of the deceased. Considering his age, prayed to release him on bail.

3) Learned APP opposed the application stating that the postmortem report and confessional statements are supporting to the prosecution case. The extrajudicial confession is also there. He informed to his two relatives that he killed his son and asked them what to do the next. Considering his confession and as he has committed the murder, prayed to reject the application.

4) Heard both the sides and perused the record.

5) Initially, the Accidental Death Case was registered. It was suicidal death, because the deceased was found hanging in the filed. Thereafter, as per the postmortem report the injuries were on hand and leg. On the basis of confessional statement, which is inadmissible, the FIR is registered. Hence the case is made out to release the applicant on bail. Accordingly, I pass the following order: i) Criminal application is allowed.

3 / 3 15-ba 1066-25 ii) Applicant- Laxman Narayan Kolhe be released on bail in Crime No.349 of 2025 registered with Police Station Risod, district Washim, for the offence punishable under Section 103(1) of the Bharatiya Nyaya Sanhita, 2023 on his furnishing P.R. Bond in the sum of Rs.25,000/- (Rupees Twenty Five Thousand only) with one surety in the like amount.

iii] The applicant shall not in any way tamper with the prosecution evidence.

iv] The applicant shall not pressurize or threaten the prosecution witnesses.

v] The applicant shall co-operate the investigation officer.

7.

The Criminal Application stands disposed of accordingly.

8. Pending application/s if any, is/are stand/s disposed of.

JUDGE