Order 081026ba1277.26 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. CRIMINAL APPLICATION [BA] NO. 1277 OF 2026. Ashish Mahesh Shedmake -VERSUS- 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. Shri D.V. Mahajan, Advocate for the Applicant. Ms T. Udeshi, A.P.P. for the Non-applicant/State. CORAM : M.M. NERLIKAR, J. DATE : OCTOBER 08, 2026. Heard learned Counsel for the parties. 2. The applicant came to be arrested in connection with Crime No.421/2026 registered with Ramnagar Police Station, Chandrapur for the offences punishable under Sections 302, 120-B, 201 read with Section 34 of the Indian Penal Code. 3. The first information report came to be lodged by Krushna Darade, Police Inspector on the basis of a complaint filed by the applicant himself confessing the crime and stating Rgd. 2026:BHC-NAG:13486 Order 081026ba1277.26 2 that on 24.04.2023 he procured poison in a glass bottle and handed over the said bottle to his lover(Arya-wife), who administered the same to her father on 25.04.2023, as a result of which, her father expired while on duty. 4. The learned Counsel submits that the applicant confessed before the police that he and his wife have committed murder of his father-in-law. The said incident occurred in the year 2023, however, the first information report is registered in the year 2026. It is submitted that apart from the confessional statement, there is no supporting evidence against the applicant. It is further submitted that initially in the year 2023 itself, when father-in-law of the applicant expired, an accidental death case was registered and enquiry was conducted. Viscera was preserved and forwarded for chemical analysis. Postmortem was also conducted, however, nothing incriminating was found in the postmortem or the Chemical Analysis. My attention is invited to the Chemical Analyzer’s report which specifically states that “a general and specific chemical testing does not reveal and poison in Exh.Nos.1, 2 and 3”, and therefore, the learned Rgd. Order 081026ba1277.26 3 Counsel submits that merely on the basis of the confessional statement made before the police, the applicant cannot be kept behind bars. Hence, prayed for grant of bail. 5. On the other hand, the learned A.P.P. vehemently opposed the application by submitting that it is the applicant who came to the police station on 24.03.2026 and disclosed that he and his wife hatched the conspiracy to eliminate his father-in-law. She submits that the offence was committed in the year 2023, when the applicant and daughter of the deceased were not married. She further submits that though the postmortem and chemical analysis reports do not specifically speaks about finding poison, however, the fact remains that the deceased died an unnatural death. She submits that considering the confession, which could be said to be admissible, since the alleged act was disclosed by the applicant before registration of the first information report, and therefore, considering the above facts and circumstances, the applicant does not deserves to be granted bail. 6. Upon consideration of the submissions canvassed by the learned Counsel for the parties, it is apparent that Rgd. Order 081026ba1277.26 4 father-in-law of the applicant died in the year 2023, while he was in service. At the relevant time, an accidental case was registered, as he had collapsed during the course of conducting some investigation. Perusal of the postmortem report goes to show that the cause of death was reserved. Further perusal of the chemical analysis report shows that the samples which were forwarded for analysis, does not reveal finding any poison in the samples. In such circumstances, it would be very difficult to say whether it is a natural death or homicidal death. It is required to be noted that the A.D. was finalized and closed, as it did not reveal anything suspicious. In such circumstances, merely on the basis of confessional statement of the applicant himself, he cannot be kept behind bars for indefinite period. Hence, the following order. ORDER (i) Criminal Application is allowed and disposed of. (ii) The applicant /accused Ashish Mahesh Shedmake be released on regular bail in connection with Crime No.421/2026 registered with Ramnagar Police Station, Chandrapur for Rgd. Order 081026ba1277.26 5 the offences punishable under Sections 302, 120-B, 201 read with Section 34 of the Indian Penal Code on his furnishing P.R. Bond of Rs.50,000/- with two sureties in the like amount. (iii) The accused shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case, as also shall not tamper with the evidence. (iv) The accused shall provide his residential address and cell number to Police Station concerned and shall not change his place of residence without prior intimation to the Investigating Agency. (v) The accused shall attend each and every date of trial regularly. If he fails to attend the trial for one single date, or fails to comply with the aforesaid conditions, his default would entail the State to ask for cancellation of bail. (vi) The above observations are prima facie in nature, and restricted for the purpose of deciding this application. The Trial Court shall not get itself influenced by said observations, during the course of trial. (vii) Misc. Applications, if any, are also disposed of. JUDGE Rgd. Signed by: R.G. Dhuriya (RGD) Designation: Senior Pvt. Secretary Date: 08/10/2026 18:42:05