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Bombay High Court

VITTHAL MAHADEO JAGDALEversusTHE STATE OF MAHARASHTRA

Disposal
Allowed

Holding

The court allowed the anticipatory bail, confirming the earlier order and making it absolute subject to conditions.

Summary

The applicant, Vitthal Mahadeo Jagdale, sought anticipatory bail in connection with CR No. 166 of 2020, which alleged his participation in an unlawful assembly and assaulting persons with an axe, invoking multiple IPC offences, the Disaster Management Act and the Maharashtra COVID‑19 Act. The applicant contended that he was actually a victim in the same incident, having lodged an FIR earlier and sustaining injuries, and that the medical report did not corroborate the alleged axe injuries. The State argued that the investigation was complete, a charge‑sheet had been filed, and the trial was underway, but maintained that bail conditions were necessary. The court noted the counter‑versions, the applicant’s cooperation with the investigation, and the absence of a need for custodial interrogation, and therefore confirmed the earlier anticipatory bail order with a bond and strict conditions. The application was allowed and the matter disposed.

Issues considered

  • Whether anticipatory bail should be granted in a case involving serious offences under the IPC, Disaster Management Act and Maharashtra COVID‑19 Act.
  • Whether the applicant’s cooperation with the investigation and the filing of a charge‑sheet negate the necessity for custodial interrogation.
  • Whether the existence of counter‑versions and lack of medical evidence of the alleged injuries affect the grant of bail.

Legislation cited

Subjects

  • anticipatory bail
  • unlawful assembly
  • assault
  • IPC offences
  • Disaster Management Act
  • Maharashtra COVID-19 Act
  • bail conditions
  • cooperation with investigation

Judgment

                                                                                 909 - ABA - 3091 - 2023.docx


                                 IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                         CIRCUIT BENCH AT KOLHAPUR
                                       CRIMINAL APPELLATE JURISDICTION
VAIBHAV
RAMESH
JADHAV
Digitally signed by
VAIBHAV RAMESH
JADHAV
Date: 2026.09.23
                           CRIMINAL ANTICIPATORY BAIL APPLICATION NO. 3091 OF 2023
17:15:47 +0530




                      Vitthal Mahadeo Jagdale                               … Applicant
                                   V/s.
                      The State of Maharashtra                              … Respondent

                      Mr. Balwant Salunkhe for the Applicant.
                      Mr. S. H. Yadav, APP for the State.
                      M. N. Hange, Police Constable, Mhaswad Police Station is
                      present.



                                                       CORAM         : ASHWIN D. BHOBE, J.

                                                       DATED         : SEPTEMBER 23, 2026
                      P.C.:


                      1.      Heard Mr. Balwant Salunkhe, learned Advocate for the Applicant,

                      and Mr. S. H. Yadav, learned APP for the State.


                      2.      On 7th November 2023, the following order was passed:


                                   “1)    Heard the learned counsel for the applicant and the learned
                                   APP for the State.

                                   2)      This application is preferred for pre-arrest bail in connection
                                   with C.R. No. 166 of 2020, registered with Mhaswad Police Station,
                                   Satara, for the offences punishable under Sections 307, 326, 324, 323,
                                   504, 506, 143, 144, 147, 149, 188 and 269 of Indian Penal Code,
                                   1860 (“the Penal Code”) and Section 51(b) in the Disaster
                                   Management Act, 2005 and Section 11 of Maharashtra COVID-19 Act,
                                   2020.

                                   3)     The indictment against the applicant is that the applicant, his




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      brother and relatives formed an unlawful assembly and in the
      prosecution of the common object of the assembly assaulted the first
      informant, his brother Balku Mohite and nephew Kiran Mohite. The
      applicant allegedly assaulted Balku by means of an axe on the head,
      shoulder and stomach.

      4)      The learned Counsel for the applicant submitted that in respect
      of the very same occurrence, the applicant had lodged FIR being Cr
      No. 165 of 2020 at a prior point of time against the first informant
      and his associates. In the said incident, the applicant had sustained
      injury and eventually the father of the applicant succumbed to the
      injury sustained in the assault perpetrated by the first informant, his
      brother and nephew.

      5)      The learned Counsel invited attention of the Court to the
      requisition dated 30th September, 2020 issued by Medical Officer to
      have radiological examination of the injured Balku. It does not
      indicate that Balku had sustained any injury by means of axe on the
      head, shoulder and stomach, as alleged by the first informant.

      6)     Prima facie, it appears that in respect of the very same
      occurrence counter versions have been reported. Though charge sheet
      has been lodged yet a copy of the injury certificate of Balku indicating
      the nature of the injuries which were allegedly found on the person of
      Balku, immediately after his admission at the hospital, does not seem
      to have been annexed.

      7)     The learned APP seeks time to take instructions.

      8)     In the meanwhile, it is necessary to protect the liberty of the
      applicant.

      9)     Hence, the following order:-

                                         ORDER

      I)      In the event of arrest of the applicant in connection with C.R.
      No. 166 of 2020, registered with Mhaswad Police Station, Satara, for
      the offences punishable under Sections 307, 326, 324, 323, 504, 506,
      143, 144, 147, 149, 188 and 269 of Indian Penal Code, 1860 and
      Section 51(b) of Disaster Management Act u/s 11 of Maharashtra
      Covid Act, 2019, the applicant be released on bail on executing a PR
      Bond in the sum of Rs.30,000/- with one or two sureties in the like
      amount.

      II)    The applicant shall co-operate with the investigation and
      attend Mhaswad Police Station, on 20th, 21st and 22nd November, 2023




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            in between 10.00 am to 1.00 pm and, thereafter, as and when directed
            by the Investigating Officer.

            III)   The applicant shall not tamper with the prosecution evidence
            and/or give threat or inducement to the first informant and any of the
            persons acquainted with the facts of the case.

            IV) Stand over to 19th December, 2023.”



3.    Mr. Balwant Salunkhe, learned Advocate for the Applicant,

submits that the Applicant has appeared and co-operated with the

Investigating Officer investigating Crime No. 166 of 2020.


4.    Mr. S. H. Yadav, learned APP for the State, submits that the

Applicant had appeared and co-operated with the investigation in Crime

No. 166 of 2020. In view of the co-operation of the Applicant, the

investigation was complete, charge-sheet was filed and the same is

registered as Sessions Case No. 12 of 2021, which is pending before the

Additional Sessions Judge, Vaduj, District Satara. He submits that

charge in Sessions Case No. 12 of 2021 is framed and the trial has

commenced. He, on instructions from the Investigation Officer, submits

that custodial interrogation of the Applicant is not required in Crime

No. 166 of 2020.


5.    In view of the statement made by Mr. S. H. Yadav, learned APP for

the State, that the custodial interrogation of the Applicant is not

required in Crime No. 166 of 2020, the order dated 7th November 2023




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is confirmed and made absolute in terms of paragraph 9(I) and (III)

thereof.


6.    Anticipatory Bail Application No. 3091 of 2023 is allowed and

disposed of.




                                       (ASHWIN D. BHOBE, J.)




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