Allowed

Vitthal Pandurang Jadhav v. the State of Maharashtra

Bombay HC12 May 2023BA/763/2023

Case brief

AI extract

What is this about?

This court allowed a regular bail application for an applicant accused under Sections 307, 323, 504 IPC. Considering the applicant's age, lack of antecedents, and the fact that the entire investigation was over, the court granted bail subject to a bond, non-contact order, and prohibition on evidence tampering.

What did the court decide?

Released on bail on furnishing P.R. Bond of Rs. 15,000 with one surety in like amount; directed not to contact informant; prohibited from tampering with evidence.

Vitthal Pandurang Jadhav Vs the State of Maharashtra — Bail and Remand | Bombay HC (2023)

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920-BA-763-2023.odt

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD

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BAIL APPLICATION NO.763 OF 2023

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VITTHAL PANDURANG JADHAV

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VERSUS

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THE STATE OF MAHARASHTRA

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...

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Advocate for Applicants : Mr. S. R. Wakale
APP for Respondent : Mr. P. N. Kutti

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...

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CORAM:R.M. JOSHI, J

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DATE:MAY 12, 2023
(VACATION COURT)

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PER COURT :

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1.This application is filed for Regular Bail in

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connection with C.R. No. 261/2023 registered with
Sangamner City Police Station for the offences
punishable under Section 307, 323, 504 read with

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Section 34 of the Indian Penal Code.

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2.According to the informant, who is an

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advocate, on 04th April, 2023 at about 10.30 am while
she was at home she had asked her mother-in-law to
advise her son with regard to his illicit relations.
Thereafter husband came home and started abusing

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informant. It is further alleged that her husband and

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father-in-law (Applicant) started assault on her. She

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alleged that her husband by pressing her neck has tried

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Page 1 of 3

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920-BA-763-2023.odt

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to kill her. On the basis of these allegations, offence
came to be registered. All three accused were arrested.
Co-accused i.e., mother-in-law of informant is already
enlarged on bail, whereas the application for bail of
the present Applicant was rejected.

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3.Perusal of the First Information Report
indicates that the allegations of pressing of neck is
against the husband and not against the present
Applicant. Police papers show that bruises were caused
to the informant on her face and neck. In such
circumstances, it would be difficult to attract the
offence punishable under Section 307 IPC against
present Applicant.

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4.Though, charge-sheet has not been filed but
the police papers indicates that practically entire
investigation is over. In such circumstances, there is
no reason to deny bail to the Applicant who is aged
about 66 years with no criminal antecedents. It is
informed to this Court by the Counsel for the Applicant
that informant no more resides in her matrimonial home

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& she resides at her parental home. In such
circumstances, Applicant need not be directed to stay

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Page 2 of 3

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920-BA-763-2023.odt

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away from his home.

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5.In view of the above, application stands

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allowed as under:

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(i)Applicant be released on bail in
connection with C.R. No. 261/2023
registered with Sangamner City Police
Station for the offences punishable under
Section 307, 323, 504 read with Section 34
of the IPC on furnishing P.R. Bond of Rs.
15,000/- with one surety in the like
amount.

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(ii)The Applicant is directed not to
contact the informant in any manner.

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(iii)The Applicants shall not tamper with
the prosecution evidence.

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 (R.M. JOSHI, J.)

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Malani

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Vitthal Pandurang Jadhav v. the State of Maharashtra

Case brief

What is this about?

What did the court decide?

Vitthal Pandurang Jadhav v. the State of Maharashtra

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

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