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Bombay High CourtABA/932/2025disposed off

Prashant @ Golu Janardhan Vighane v. State Of Maharashtra Thr Pso., Ps Asti Tahsil Ashti Dist. Wardha

2025-12-23Hon'Ble Shri Justice M. W. Chandwani2 pages

aba932.2025.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (ABA) NO.932/2025 (Prashant @ Golu Janardhan Vighane Vs. The State of Maharashtra, through Police Station Officer Police Station, Ashti, Tahsil Ashti, District Wardha) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr. U.P. Dable with Mr. S.U. Dable, Advocates for the applicant. Mr. Anant Ghogare, A.P.P. for the non-applicant/State. CORAM: MRS.VRUSHALI V. JOSHI, J.

DATED: 23.12.2025.

The applicant is apprehending arrest in Crime No.361/2025 for the offence punishable under Sections 110 and 3(5) of the Bharatiya Nyaya Sanhita.

2.

It is the case of prosecution that one Niranjan Vighane died and after his death his funeral was conducted. His sister has attended the funeral on video call. She was not having any suspicion about the death of the deceased. On 13th day when she came for last rituals somebody showed the video of beating the deceased and thereafter she has lodged the complaint suspecting that because of beating by the accused persons the deceased died. This applicant is one of the assailants.

3.

It appears from the F.I.R. that the deceased died after 5 days after the alleged incident. Though the applicant died on the road, the postmortem was not conducted. The requirement of the permission of relatives for conducting postmortem if the body is found on the road is not necessary and it is mandatory for the police to conduct the postmortem if the death occurred is on the road. In this case why the

aba932.2025.odt postmortem was not conducted is best known to the Investigating Officer. The opinion was given by the Medical Officer that there is a possibility of the death due to lever cirrhosis or disease of liver as the deceased was in habit of consuming Ganja and liquor. 4.

It appears that investigation in this case is not proper. 5.

The Investigating Officer to remain present on the next date. 6.

Stand over on 9.1.2026.

7.

The applicant is protected by granting ad interim anticipatory bail.

i) It is directed that in the event of arrest of the applicantPrashant @ Golu Janardhan Vighane, in connection with Crime No.361/2025 for the offence punishable under Sections 110 and 3(5) of the Bharatiya Nyaya Sanhita, the applicant shall be released on bail on furnishing P.R. Bond in the sum of Rupees Twenty Five Thousand each with one surety in the like amount.

ii) The applicant shall not in any way tamper with the prosecution evidence.

iii) The applicant shall not pressurize or threaten the prosecution witnesses.

iv) The applicant shall attend the concerned police station on every Monday and Saturday between 7:00 p.m. and 9:00 p.m. v) The applicant shall co-operate with the Investigating Officer. 8.

This protection shall remain in force till next date of hearing. (MRS.VRUSHALI V.JOSHI, J.) Tambaskar.

Signed by: MR. N.V. TAMBASKAR Designation: PS To Honourable Judge Date: 23/12/2025 18:08:47