Mahipal Antu Jadhav v. The State Of Maharashtra

2024:BHC-AS:26078

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO. 1780 OF 2024 Mahipal Antu Jadhav ...Applicant vs.

The State of Maharashtra

...Respondents

***** Shri Vaibhav Ramchandra Gaikwad a/w Yash M. Naik Advocate for the Applicant Ms. S. E. Phad APP for the Respondent-State D. B. Kudale Pusegaon Police Station, Satara ***** CORAM : S. M. MODAK, J.

DATE : 01st JULY 2024 P. C. :- 1.

Heard learned Advocate Shri Gaikwad for the Applicant and learned APP.

2.

It is true that his bail application as per scheme framed by MHLSA in respect of release of the undertrial prisoners above age of 65 years was rejected. It was not on merits. Now this fresh bail application is filed.

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3.

Learned Advocate Mr. Gaikwad has invited my attention to the following Orders:- Applicant Name Case No.

Dated Page Nos.

Mahipati Antu Jadhav Bail Application 08/02/2023 No. 2777 of Nilesh Dnyandev Jadhav Bail Application 06/11/2023 No. 3123 of Ashok Mahipati Jadhav Bail Application 22/12/2023 No. 4136 of Vilash Shankar Jadhav and Mangesh Mohan Jadhav Bail Application 07/12/2023 Nos. 3729 of 2023 and 3643 of 2023 Sameer Mohan Jadhav and Anr.

Bail Application No. 475 of 2024 07/02/2024 4.

With his assistance, I have gone through those Orders. Whereas in the F.I.R. this Applicant is named as accused no. 11. He was possessed with sword. In this incident, one Dilip Jadhav is murdered and another is Shamrao Jadhav. It is true that the F.I.R. is dated 15/08/2015. Though the trial has started, yet it is not over. It is referred in the above-mentioned orders.

5.

Learned APP submitted that accused persons are not co2/4

operating for conduct of the trial, because most of them have not appointed advocates. She has also expressed the apprehension tabout the security of the witnesses. This submission needs to be considered. However, the rule of the parity is applicable. Hence, the Order:-

ORDER

(i) Bail application is allowed.

(ii) Applicant-Mahipati Antu Jadhav arrested in connection with C.R. No. 61 of 2015 registered with Pusegaon Police Station for the offence punishable under Sections 302, 307, 326, 143, 147, 148, 149, 504 and 506 of the Indian Penal Code, be released on bail on furnishing Personal bond and surety bond in sum of Rs. 25,000/-. (iii) The Applicant is directed not to enter Khatav Taluka till conclusion of the trial.

(iv) He is directed to give his alternate residence address to the concerned Police Station and concerned Court. (v) Applicant shall not threaten the prosecution witnesses. (vi) The Applicant shall regularly attend the proceedings before the trial Court only for that purpose permission is granted to enter the limits of Khatav taluka. (vii) Needless to say, violating of the condition above will make the Applicant liable for cancellation of bail after notice.

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(viii) If Applicant has not appointed any advocate, let trial Court to provide him legal aid counsel.

(ix) It is made clear that if other co-accused are not cooperating the conduct of the trial by engaging any advocate, the trial Court is at liberty to provide them legal aid counsel. Because the Court cannot be mute spectator, if accused are not co-operating.

6.

Bail Application is disposed of in the aforesaid terms. 7.

All the parties to act on an authenticated copy of this order. [S. M. MODAK, J.] 4/4 Signed by: Seema Yelkar Designation: PA To Honourable Judge Date: 04/07/2024 11:30:02