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55. BA-3334-26.odt Amberkar IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO. 3334 OF 2026 Balu Shankar Jadhav .. Applicant Versus The State of Maharashtra & Anr. .. Respondents .................... Mr. Tanmay Kate a/w Mr. Ashraf Kazi & Mr. Tejas Punekar, Advocates for Applicant Ms. Rajeshree V. Newton, APP for State Ms. Keral Mehta, Advocate (appointed) for Respondent No. 2 ...................
CORAM : MILIND N. JADHAV, J. DATE : OCTOBER 12, 2026 P. C.
:
1. Heard Mr. Kate, learned Advocate for Applicant; Ms. Newton, learned APP for State and Ms. Mehta, learned Advocate (appointed) for Respondent No. 2. 2. This is an Application under Section 439 of Cr.P.C. / Section 483 of BNSS seeking regular Bail in connection with C.R. No. 423/2023 registered with Yeola City Police Station for the offences punishable under Sections 302, 323 and 504 of the Indian Penal Code, 1860 (for short "IPC"). 3. Applicant is arrested for committing the murder of the wife of 25 years old in a sudden fit of rage in an intoxicated condition by 1 of 5
55. BA-3334-26.odt inflicting three fatal blows on her neck, chest and left arm inside his house. 4. The prosecution case is that on the morning of the date of incident i.e. on 13.11.23, Applicant left along with his 9 month old son and when he returned back at about after 15:30 Hours in the post- afternoon
session,
his
son
was
not
with
him. His wife therefore questioned him which led to a verbal altercation. Applicant was admittedly completely intoxicated at that time. In that altercation, the Applicant picked up the kitchen knife which was lying around, and assaulted the victim wife. 5. Though Ms. Mehta, learned Advocate would draw my attention to the medical report and argue that the fact that the Applicant inflicted three blows which shows his pre-meditated state of mind and he very well knew the consequences of his actions. Further, she would submit that the body parts where the blows were inflicted with the weapon were vulnerable and fatal in nature which was otherwise known to the Applicant notwithstanding the fact that he was in an intoxicated state of mind. 5.1. She would also submit that in the event if the Applicant is released on bail he would be a threat to the children and there is 2 of 5
55. BA-3334-26.odt likelihood that he may reoffend himself or commit further crime. 6. I have perused the material which is placed on record. The motive for the crime is the sudden quarrel between the husband and wife. Admittedly, Applicant was in an intoxicated condition when the incident occurred. 7. Applicant is arrested on 14.11.2023 which is close to 3 years incarceration. 8.
Learned APP would submit that trial has already commenced but ignominy of the trial being completed in the near foreseeable future being bleak, I am inclined to consider the present Application for grant of bail. Hence, Applicant is released on bail on the following terms and conditions:- (i) Applicant is directed to be immediately released on bail from prison in connection with C.R. No. 423/2023; (ii) Applicant is directed to be released on bail on furnishing P.R. Bond of Rs. 15,000/- (Rs. Fifteen Thousand only) with one or two sureties in the like amount; (iii) Applicant shall report to the Investigating Officer at concerned Police Station, once every month on the first 3 of 5
55. BA-3334-26.odt Sunday of the month between 10:00 a.m. to 12:00 p.m.; (iv) Applicant shall co-operate with the conduct of trial and attend the Trial Court on all dates, unless specifically exempted and will not take any unnecessary adjournments, if he does so it will entitle the prosecution to apply for revocation of this order; (v) Applicant shall not leave the State of Maharashtra without prior permission of the Trial Court; (vi) Applicant shall not influence any of the witnesses or tamper with the evidence in any manner; (vii) Applicant shall keep the Investigating Officer informed of his current address and mobile contact number and / or change of residence or mobile details, if any, from time to time, as applicable; and (viii)Any infraction of the conditions shall entail cancellation of bail granted to the Applicant. 9. Needless to state that the above observations will not come in the way of trial as they are prima facie in nature based on the
submissions made and the material placed before this Court.
10. This Court appreciates the assistance rendered by Ms. Mehta, learned Advocate appointed through the Legal Aid to espouse the 4 of 5
55. BA-3334-26.odt cause of Respondent No. 2. Her fees be paid by the High Court Legal Aid Services Authority as per rules on production of a server copy of this order and other compliances in accordance with the decision of this Court in the case of Sanjyot Nitin Telharkar v. The State of Maharashtra & Anr.1 and the Schedule under Regulation 18(1) of the Maharashtra State Legal Services Authority Rules, 1998.
11. Bail Application is allowed and disposed of in the above terms. Amberkar [ MILIND N. JADHAV, J. ] 1
Judgment dated 25.09.2024 passed in Misc. Civil Application No. 134 of 2024 5 of 5 RAVINDRA MOHAN AMBERKAR Digitally signed by RAVINDRA MOHAN AMBERKAR Date: 2026.10.12 15:08:49 +0530