Bombay High Court

YOGESH KAILAS JADHAVversusTHE STATE OF MAHARASHTRA

Decided: 28 April 2026
Disposal: Rejected
Bench: A S GADKARI KAMAL KHATA

Holding

The court held that the bail application must be dismissed as the evidence supporting conviction is sufficient and re‑appreciation of evidence at this stage is not permitted.

Summary

The applicant, Yogesh Kailas Jadhav, sought bail and suspension of his life sentence under Section 415 of the Bharatiya Nagarik Suraksha Sanhita, 2023, pending appeal against a conviction for murder and related offences. The trial court had found him guilty of IPC sections 302, 323, 498A, 504 and 506 based on forensic evidence of throttling and multiple neck injuries, and on witness testimony of domestic abuse. The applicant argued that no witness saw him with the deceased at the time of death and that his economic status warranted bail. The High Court, relying on the Supreme Court’s decision in Omprakash Sahni v. Jai Shankar Chaudhry (2023) 6 SCC 123, held that re‑appreciation of evidence at the bail stage is impermissible and that the prosecution’s case, supported by Section 106 of the Evidence Act and the presumption under Section 113‑A, was sufficient. Consequently, the bail application was rejected.

Issues considered

Whether bail should be granted to a convicted murderer during the pendency of an appeal.
Whether the appellate court may re‑appreciate the evidence at the stage of a bail application under Section 415 of the Bharatiya Nagarik Suraksha Sanhita.
Whether the prosecution has satisfied the burden of proof under Section 106 of the Evidence Act and the presumption of homicide under Section 113‑A of the Evidence Act.

Legislation cited

Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 415
Code of Criminal Procedure, 1973 — s. 389
Indian Evidence Act, 1872 — s. 106, 113-A
Indian Penal Code, 1860 — s. 302, 323, 498A, 504, 506

Subjects

bail
interim application
murder
domestic violence
presumption of homicide
section 106 evidence
section 113-A
Indian Penal Code
Bharatiya Nagarik Suraksha Sanhita

Judgment

skt 19-ia-843-2026.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION

INTERIM APPLICATION NO.843 OF 2026
IN
APPEAL NO.1058 OF 2025
Yogesh Kailas Jadhav … Applicant/Orig. Accused

V/s.

Digitally
signed by
SHRADDHA
The State of Maharashtra … Respondent
SHRADDHA KAMLESH
KAMLESH TALEKAR
TALEKAR Date:
2026.05.08
17:55:15
+0530

Mr. Priyal G. Sarda a/w. Shubham S. Sane for the Applicant.
Smt. Madhavi H. Mhatre, APP for Respondent-State.

CORAM : A. S. GADKARI AND
KAMAL KHATA, JJ.
DATE : 28th April 2026

P.C.:-

1) This is an Application under Section 415 of the Bharatiya

Nagarik Suraksha Sanhita, 2023 for suspension of sentence and releasing

the Applicant on bail during the pendency of Appeal.

2) Applicant is the original accused in Sessions Case No. 523 of

2022. The Additional Sessions Judge, Vadgaon Maval, District Pune by its

Judgment and Order dated 26th August 2025 has convicted the Applicant

under Sections 302, 323, 498A, 504 and 506 of the Indian Penal Code,

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1860 (“IPC”) and is sentenced to undergo imprisonment for life and to pay

a fine.

3) Heard Mr. Sarda, learned Advocate appearing for the Applicant

and Smt. Mhatre, learned APP for the State.

4) The deceased namely Smt. Changuna was the wife of the

Applicant. Their marriage had taken place four years prior to the date of

incident i.e. on 27th August, 2021. The Applicant used to beat her and

subject her to cruelty as she did not beget a son from him.

5) On 27th August, 2021, in the morning, the deceased along with

her six months old daughter, had been to her parents house for medical

treatment of her daughter. Applicant fetched Changuna in the evening at

about 7:00 p.m. On 28th August, 2021, at about 8:30 a.m., the father of the

deceased, namely Mr. Shivaji Damu Thakar (PW No. 1) received a phone

call from Hanumant Garade informing him that Changuna has died at her

matrimonial home.

6) The Informant and her brother therefore rushed to the said

place. They noticed that Changuna was lying on the floor in supine

condition and blood was oozing from her mouth. Her tongue was stuck

between her jaws. He also noticed scratches on her neck and throat. The

Applicant was not present in the house. PW No. 1 therefore lodged the

present crime.

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7) Dr. Milind Sonawane (PW No. 4) conducted an autopsy on the

dead body of Changuna. He found the following injuries and as mentioned

in column No. 17 :

1. Horizontal abrasion over right side of neck, lateral

aspect, 9 cm below right car lobule, dark brownish, associated

with contusion surrounding, pale bluish size: 2 cm X 0.5 cm,

2. Abrasion over anterior aspect of neck, 2 cm above

sternal notch, brownish, associated with contusion surrounding

it, size: 5 cm X 2 cm,

3. Crescentric abrasion over anterior aspect of neck, "C"

shape, pale brownish, 2 cm below injury No.2, surrounding area

is contused, size: 2 cm X 0.5 cın,

4. Multiple abrasion's over anterior aspect of neck,

adjacent to injury No.3, dark brownish, surrounding area shows

marked contusion, average size: 0.5 cm X 0.5 cm (three in

numbers),

5. Multiple crescentric nail abrasion's over left side of

neck, 5 cm below left ear lobule, below and backwards, three in

numbers one below the other. Pale brownish, associated

contusion surrounding it, mild swelling well marked, average

size: 4 cm X 0.5 cm,

6. Small multiple abrasion's over face, over cheek, right

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side, 5 cm below right eye, pale brownish, average size: 1 cm X

0.5 cm cach,

7. Horizontal abrasion over posterior aspect of neck, back

side to injury No.5, dark brownish, surrounding area shows

mild contusion, size: 1 cm X 0.25 cm,

8. Multiple abrasion over breast, mid way, dark

brownish, 6 cm below injury No.3, with two crescentric abrasions

adjacent to it, pale brownish, average size: 0.5 cm X 0.25 cm,

9. Small contusion over head, over right temporal-

occipital region, swelling present, size: 2 cm X 1 cm.

7.1) Injury Nos. 1 to 7 and its corresponding internal injuries were

grievous in nature. Corresponding internal injuries to external injury Nos. 1

to 5 and 7, as noticed by him, are as under :

Extra-vasation of blood in sub-cutaneous tissue, over bilateral

aspect of neck, from Rt.Sterno-mastoid muscle coat, hyoid

cartilage region, thyroid cartilage sup & deep muscle coat uptill

tracheal wall, more marked on rt.side, also haematoma well

marked over rt. anterio-lateral deeper neck structure. Hyoid bonc

intact, thyroid cartilage over rt., hacmatoma well marked.

8) He also noticed other internal injuries which is mentioned in

column No. 20, which reads as under :

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a. Walls, ribs, cartilages - Haematoma over right 3 rd to 4th

inter- costal space, size: 6cm X 3cım rest all ribs intact,

b. Pleura Right side pleura corresponding hamatma shows

contusion,

c. Larynx, trachea and bronchi Anterior-lateral tracheal wall

huge haematoma, more on rt. side. On C/s: blood collected in

lumen, mucosa congested and multiple small petechea seen, post

pharyngeal & tracheal wall haematoma and extra- vasation well

marked.

d. Right lung Upper lobe laterally shows haematoma, size: 6

cm X 5 cm, middle lobe haematoma size: 4 cm X 5 cm, on C/s:

severely congested, odematous.

e. Left lung- Partial collapsed, no injury, on C/s : Severely

congested, odematous.

9) PW No. 4 has opined that all the external injuries correspond to

internal injuries and were caused by pressure applied by hand and nails

over the anterior and lateral aspect of neck which lead to obstruction of the

air passage causing asphyxia and death. He has stated that all the said

injuries were ante-mortem in nature. He has opined that the probable cause

of death was asphyxia due to compression of neck by throttling, alongwith

minor lung injury caused by assault. He accordingly issued provisional

death certificate (Exhibit 21) and the post-mortem report (Exhibit 20).

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After conclusion of investigation, the police have filed charge-sheet and the

Applicant has been convicted by the trial Court as noted above.

10) Mr. Sarda, learned Advocate for the Applicant strenuously argued

that though the Applicant is convicted with the aid of Section 106 of the

Evidence Act, 1872, the prosecution has not examined any witness to infer

that anybody has seen him lastly in the company of the deceased. He

submitted that there is no evidence to the effect that the Applicant was seen

leaving his house when the deceased was present therein. He submitted

that the Applicant hails from the lower economic strata of society and

therefore he may be released on bail.

11) Mr. Sarda tried to impress upon this Court that the entire evidence

on record must be reappreciated at the stage of application for bail. We are

unable to accept the said insistence of Mr. Sarda. The reason is plain and

simple. Recently, the Hon’ble Supreme Court in Omprakash Sahni Vs. Jai

Shankar Chaudhry & Anr., reported in (2023) 6 SCC 123, has held that, the

appellate Court should not reappreciate the evidence at the stage of Section

389 of Cr.P.C. and try to pick few lacunae or loopholes here and there in the

prosecution’s case. Such an approach would be incorrect.

12) Perusal of evidence on record, and in particular of PW-1, indicates

that on the earlier day, the deceased along with her six months old

daughter had been to PW No. 1’s house for medical treatment of her

daughter. In the evening, at about 7 p.m., the Applicant fetched her and

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brought her back to their matrimonial home. In the morning of 28 th

August, 2021 at about 8:30 am., the P.W. No. 1 received a phone call from

Hanumant Garade to inform him that Changuna has passed away. PW No.

1, noticed the afore-noted injuries on the said Changuna.

13) PW No. 3-Bajirao Arjun Dhekale, a neighbour, has deposed that

there used to be quarrels amongst the deceased and the Applicant who used

to beat her. On the date of incident, he heard the sound of a small baby

crying in the house of the Applicant. Therefore, he along with his wife and

other persons went there. He saw that the door of the house was bolted

from outside. He opened the door and noticed that Changuna was lying on

the floor and blood was oozing from her nose. The prosecution has

propounded the motive behind the crime to be Changuna not begetting a

son.

14) It is an admitted fact on record that the marriage between the

Applicant and deceased had taken place four years prior to the date of

incident. Changuna died due to unnatural death and therefore presumption

under Section 113-A of the Evidence Act is squarely applicable to the case

in hand.

15) Notably, the Applicant fetched Changuna on 27 th August, 2021 at

about 7:00 p.m. and Changuna was found dead in her matrimonial home

before 8:30 am on 28 th August, 2021. As noted earlier, she was all

throughout in the company of the Applicant from 7:00 p.m. of 27 th August,

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2021. The Applicant has not examined any witness to support his case that

on 28th August, 2021, at about 8:30 a.m. or prior thereto, he was not at

their matrimonial home and was at some other place. The trial Court

therefore has rightly applied the provision under section 106 of the

Evidence Act. Perusal of medical evidence clearly indicates that the murder

of Changuna was gruesome and she was mercilessly throttled.

16) In view of the above, we are not inclined to release the Applicant

on bail during the pendency of Appeal. Application is accordingly rejected.

(KAMAL KHATA, J.) (A.S. GADKARI, J.)

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