-1- 44-BA-1148-2026 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD BAIL APPLICATION NO. 1148 OF 2026 Jalamsing Soma Padvi Aged : 35 years, Occu. : Agriculture, R/o. Maliamba Morkhi, Tq. Akkalkuwa, Dist. Nandurbad … Applicant (Accused) Versus The State of Maharashtra, Through the Police Station Officer, Akkalkuwa Police Station, Dist. Nandurbar. … Respondent (Orig. Complainant filed through Jaysing Olya Vasave) ...... Advocate for Applicant : Mr. Aashish T. Jadhavar APP for Respondent - State : Mr. D. J. Patil ..... CORAM : HITEN S. VENEGAVKAR, J. DATED : 17th AUGUST 2026 ORDER : 1. The present applicant seeks regular bail in connection with Crime No.13 of 2025, registered with Akkalkuwa Police Station, District Nandurbar, for the offences punishable under Sections 103(1), 115(2), 351(2), 351(3) and 352 of the Bharatiya Nyaya Sanhita (BNS). 2. The record indicates that the applicant was arrested on 24th January 2025. The investigation is complete and the charge- sheet has been filed and the case has been registered as Sessions Case No. 53 of 2025. The prosecution case, stated in brief, concerns 2026:BHC-AUG:37135 -2- 44-BA-1148-2026 the homicidal death of a woman by named Laxmi Vasave and her dead body was found near the Bognai river, in the vicinity of village Morkhi on 17th January, 2025. The medical record indicates that the death is caused due to blunt force trauma to the head. The First Information Report has been lodged by the brother of deceased on 19th January, 2025. In the First Information Report, suspicion was initially expressed against husband of deceased on the allegation that he doubted on the character of deceased and have assaulted and threatened to kill her. In the said First Information Report, the applicant was not named. 3. During the investigation, the supplementary statement of brother i.e. complainant was recorded on 27th January, 2025, and in the same statement, the present applicant came to be implicated on the allegation that deceased had gone to meet him and that they had an intimate relationship. Thereafter, when the deceased insisted that the applicant should marry her, the applicant assaulted her by banging her head against a stone. The prosecution case is entirely circumstantial, and therefore, requires careful examination to find out whether the material discloses reasonable prima facie nexus between the applicant and the crime. -3- 44-BA-1148-2026 4. The learned Advocate appearing for applicant submits that applicant has been implicated only by way of an improvement after the registration of crime, in the supplementary statement. The learned Advocate placed reliance on the statement of mother of deceased recorded on 19th January, 2025, wherein she has stated that on 15th January, 2025, at about 1:00 p.m., while she was passing through village Morkhi, she saw the deceased from a distance at her matrimonial house. The learned Advocate, therefore argued that this assertion is incompatible with the prosecution's allegation which emerges from the alleged extra- judicial confession that the deceased was killed on the night of 14th January, 2025. He further submitted that there is no eye-witness or any reliable last seen evidence to connect the present applicant with the alleged crime. He also submitted that the call records establish nothing but the acquaintance of the applicant with the deceased. There is no forensic report that conclusively connects the present applicant with the deceased or with the place of occurrence. He argued that alleged extrajudicial confession of the applicant to one of the prosecution witnesses is absolutely uncorroborated and therefore the same cannot be relied upon and needs to be proved in the trial. 5. The learned Additional Public Prosecutor opposed the -4- 44-BA-1148-2026 application and submitted that the frequency of telephonic contact between applicant and deceased and in particular, several calls between the present applicant and the deceased on 14th January, 2025 establishes that the applicant and deceased were in contact with each other on the date of the incident. Even the location of the applicant, on the basis of mobile tower, shows that the applicant was in the vicinity where the alleged incident of killing the deceased took place. He argued that the statement of the prosecution witness Rasikbhai stating that the applicant had confessed to the alleged offence is an important and credible piece of evidence which needs to be taken into consideration at this stage when the application for bail is being considered. The other crucial piece of evidence is the discovery of the alleged place of assault at the instance of present applicant himself and recovery of the shawl belonging to the deceased from the said place. According to the prosecution, these circumstances when read together, furnish a strong prima facie case and the inconsistencies relied upon by the applicant require evaluation at the trial. 6. I have heard both learned advocates and have also perused the entire investigation papers with the assistance of the learned counsel. Before proceeding to consider the investigation papers, it is necessary to refer to the order of Sessions Court, -5- 44-BA-1148-2026 which records that applicant and deceased had exchanged 584 calls during the preceding six months. It further refers to the 8 calls made from the telephone used by the deceased and one call by the applicant on 14th January, 2025. The charge-sheet also contains material upon which the prosecution seeks to place the applicant in the vicinity of the house of deceased and relevant location during relevant period. The call details and the tower location records cannot, by themselves, establish either the contents of the conversation or the commission of murder. Nevertheless, at the stage of bail, the number and proximity of calls are relevant corroborative circumstances which require to be considered along with the other pieces of evidence on record. 7. The statement of prosecution witness Rasikbhai specifically states that applicant had worked for him and used to contact him from his mobile bearing number 9834671087. According to this witness, applicant met him on 18th January, 2025 near a hotel and stated that he had maintained physical relations with a woman from his village and had killed her on the night of 14th January, 2025, and therefore, urgently required some financial help. 8. At this stage, statement of Rasikbhai will have to be -6- 44-BA-1148-2026 taken into consideration and cannot be discarded altogether merely because the alleged confession was made to a private person or because independent electronic corroboration was made to a private person. Its truthfulness and voluntariness will have to be tested at the trial. 9. The discoveries in the nature of panchanama which is at page nos. 70 to 72 of the police paper concerns the place where the dead body was found. Under subsequent memorandum and discovery panchanama, the applicant is alleged to have led the police to another place which, according to prosecution, was the precise place of assault. At the place of assault, the recovery of shawl, which has been identified by the relatives of deceased as belonging to deceased, was recovered from that place. Thus, the prosecution case that the place at which the body was found was known and disclosed by the applicant and also the place of assault along with the recovery of shawl of deceased, constitutes a circumstance which cannot be ignored at this stage. 10. Even at this stage, the conduct of applicant after the alleged incident has occurred is material to be noted. In order to show applicant's conduct after the occurrence of incident, the prosecution relies upon the statements of prosecution witnesses, -7- 44-BA-1148-2026 which state that he remained absent from his usual place of work and upon his alleged statements and movements in the days following the discovery of body. 11. On such cumulative consideration, the material presently comprises sustained and unusually frequent contact between the applicant and deceased, several calls during the material period, the tower location of the applicant, which has been obtained by the prosecution from the mobile company, the alleged extrajudicial confession made soon after the body was found, the applicant's alleged post occurrence conduct and importantly, the discovery of the precise place of assault and recovery of identified shawl of deceased from that place are sufficient to prima facie come to a conclusion that the applicant is involved in the commission of the alleged offence of killing the deceased. 12. The nature of the accusation, the prima facie material connecting the applicant with the deceased immediately before the occurrence, the alleged attempt of the applicant to obtain money after the occurrence and the fact that material witnesses belonging to the same local area are relevant considerations while deciding the application for bail. -8- 44-BA-1148-2026 13. The application is therefore rejected. 14. Considering the period already undergone by applicant in custody, the Sessions Court shall endeavour to proceed with Sessions Case No. 53 of 2025 as expeditiously as possible and conclude the trial at the earliest. 15. If the trial does not make substantial progress within a reasonable period of one year from today for reasons not attributable to the applicant, then it will be open for the applicant to renew the request for bail on the ground of prolonged incarceration without substantial progress in the trial. (HITEN S. VENEGAVKAR) JUDGE Tandale