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Bombay High CourtABA/621/2026application allowed

Vashibai Suresh Kharde Alias Vasi Pisa Pawra v. The State Of Maharashtra And Another

2026-04-29Hon'Ble Shri Justice Mehroz K. Pathan4 pages

2026:BHC-AUG:19818 1 916.ABA-621-2026.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD ANTICIPATORY BAIL APPLICATION NO. 621 OF 2026 VASHIBAI SURESH KHARDE ALIAS VASI PISA PAWRA

VERSUS

THE STATE OF MAHARASHTRA AND ANOTHER ...

Advocate for Applicant : Mr. Jain Gajendra Devichand APP for Respondents/State : Mr. P. D. Patil ...

CORAM : MEHROZ K. PATHAN, J.

DATE : 29th APRIL 2026 PER COURT :

1.

Heard the learned Counsel for the Applicant and the learned APP for the State.

2.

The Applicant has approached this Court, seeking anticipatory bail in connection with Crime No.168/2026 registered with Taloda Police Station, District Nandurbar for the offence punishable under Section 108 of Bharatiya Nyaya Sanhita, 2023. 3.

The learned Counsel for the Applicant submits that the Applicant, an elderly woman, has been falsely implicated in the present crime solely on the basis of false allegations. Even if the allegations are considered to be true, the offence under Section 108 is not made out against the Applicant. There is nothing on record to show that the Applicant had ever instigated or abetted the

2 916.ABA-621-2026.doc commission of suicide. The only allegation pertains to some conversation between the Applicant and the Informant, after which the Informant questioned the deceased about an alleged illicit relationship with Sharda. There is no direct instigation or abetment attributable to the Applicant. Thus the Applicant is an old age woman and is not having criminal antecedents and is ready to abide by any conditions that may be imposed by this Court. Hence, the Applicant prays for protection.

4.

As against this, the learned APP strongly opposes the present application on the ground that there are direct allegations in the form of the last video recorded by the deceased Chagan on his mobile phone before committing suicide on 15.03.2026, wherein the deceased has directly implicated the Applicant as one of the instigators as she spread the rumours about the allegations of an illicit affair between the deceased and Sharda. The Applicant is specifically named in the last video recorded by the deceased. The transcript of the said video has been prepared, wherein the role of the present Applicant is clearly reflected. There are other statements recorded by the prosecution which support the allegations made in the FIR. The offence is serious in nature, being abetment of suicide, and is punishable with imprisonment of up to ten years. Hence, this is not a fit case to release the Applicant on bail. 5.

I have gone through the investigation papers made available by the learned APP. The perusal of the record shows that the video

3 916.ABA-621-2026.doc recorded by the deceased Chagan has already been seized, and the transcript has been prepared by the prosecution. The statements of the relevant witnesses have also been recorded. The investigation appears to be almost complete. Against the Applicant who is 60-yearold woman, there are only general allegations of spreading rumours about the illicit relationship between the deceased Chagan and Sharda are made along with several other persons. In my view, therefore the custodial interrogation of the applicant may not be necessary. The apprehension of the learned APP can be taken care of by imposing appropriate conditions. Hence the following order :

ORDER

(i) In the event of arrest of the Applicant - Vashibai Suresh Kharde Alias Vasi Pisa Pawra in connection with Crime No.168/2026 registered with Taloda Police Station, District Nandurbar for the offence punishable under Section 108 of Bharatiya Nyaya Sanhita, 2023, she be released on bail on furnishing P.R. bond of Rs.50,000/- (Rupees Fifty Thousand) with two solvent sureties in the like amount, on the following conditions :

(a) The Applicant shall attend Taloda Police Station, District Nandurbar on every Saturday between 11:00 am. to 01:00 pm. and thereafter as when called by the Investigating Officer, till filing of the charge-sheet.

(b) The Applicant shall not tamper with the prosecution evidence and shall not influence the witnesses.

(c) The Applicant shall submit her Aadhar and PAN Cards to the

4 916.ABA-621-2026.doc Investigating Officer and detailed addresses and phone numbers of herself and two of the near relatives.

(d) A single violation of the conditions would entitle the prosecution to seek cancellation of the bail. (ii) The application is allowed in the above terms and stands disposed of.

MEHROZ K. PATHAN JUDGE NAJEEB..