[Cites 3, Cited by 0]
Bombay High Court
Jagannath Narayan Jambhale Thr. P.O.A. ... vs The State Of Maharashtra, Through ... on 26 December, 2025
1.ABA.997.2025.odt 1/4
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR.
CRIMINAL APPLICATION (ABA) NO. 997 OF 2025
Vinod Laxman Madavi
Vs.
State of Maharashtra
__________________________________________________________________________
Office Notes, Office Memoramda of Coram,
appearances, Court's orders of directions Court's or Judge's orders.
and Registrar's Orders.
Mr. S.V. Sirpurkar, Advocate for the Applicant.
Ms. Sneha Dhote, APP for the Non-applicant/State.
CORAM : RAJ D. WAKODE, J.
DATE : 26th DECEMBER, 2025.
Heard Mr. S.V. Sirpurkar, learned counsel for the
applicant, and Ms. Sneha Dhote, learned APP for the
non-applicant/State.
2. Apprehending arrest at the hands of Police in
connection with Crime No.723/2025 registered with Police
Station Wani, District Yavatmal, for the offences alleged under
Sections 251 and 105 of the Bharatiya Nyaya Sanhita, 2023
(BNS), the applicant has approached this Court praying for
grant of pre-arrest bail.
3. Mr. Sirpurkar, learned counsel for the applicant,
contends that though the incident occurred on 20 th April 2025,
the offence came to be registered on 22nd November 2025, and
therefore, there is an inordinate delay in registration of the FIR.
He further submits that the informant in the present FIR is not
the wife of the deceased Atul Bhaurao Kosarkar, but that the
FIR has been registered at the behest of one Suyog Mahapure,
Police Sub-Inspector.
1.ABA.997.2025.odt 2/4
4. Mr. Sirpurkar, learned counsel, upon reading the
FIR, points out that on the date of the incident the applicant
was present in his capacity as an employee of MSEB, and the
allegation against the applicant is that, despite having
knowledge that such a mishap could occur, he failed to take
due care, as a result of which the deceased Atul Bhaurao
Kosarkar, sustained injuries due to electrocution, leading to his
death.
5. Mr. Sirpurkar, learned counsel, has relied upon the
judgment of the Hon'ble Apex Court in the case of Yuvraj
Laxmilal Kanther & Anr. Vs. State of Maharashtra (2025 SCC
OnLine SC 520) to substantiate that the basic ingredients of
Section 304 Part II of the IPC is presence of knowledge and
absence of intention. The doer must have the knowledge that
the act performed by him would likely to cause death but there
should not be any intention to cause death.
6. Ms. Dhote, learned APP appearing for the
non-applicant/State, has strongly opposed the application and
has pointed out the relevant paragraphs of the order passed by
the learned Sessions Court dated 18th December, 2025,
rejecting the anticipatory bail application of the applicant. The
learned Trial Court has observed that so far as the applicability
of section is concerned, the intention and knowledge on the
part of the applicant will be decided on the basis of evidence
that will come on record.
7. After hearing the learned counsel for the parties and
upon perusal of the recitals of the FIR, I am of the view that, at
1.ABA.997.2025.odt 3/4
this stage, custodial interrogation of the applicant is not
required. A specific query was put to the learned APP as to
whether there was any reason necessitating custodial
interrogation of the applicant; however, she was unable to
point out any such reason. Moreover, the applicant is a
Government employee and, therefore, there is no likelihood of
his being absconding, if granted ad-interim anticipatory bail by
this Court.
8. In view of above, the prayer for grant of ad-interim
protection deserves to be allowed. Hence, I proceed to pass
following order:
ORDER
i) In the event of arrest, the applicant - Vinod Laxman
Madavi in connection with Crime No.723/2025 registered with
Police Station Wani, District Yavatmal, for the offences alleged
under Sections 251 and 105 of the BNS, be released on
ad-interim anticipatory bail on executing P.R. Bond in the sum
of Rs.25,000/- (Rs. Twenty Five Thousand only) with one
solvent surety in the like amount.
ii) The applicant shall attend Police Station Wani,
District Yavatmal, every Sunday between 10.00 a.m. and 1.00
p.m. and shall cooperate with the investigating agency.
iii) The applicant shall not induce, threat or promise
any witnesses who are acquainted with the facts of the case
either personally or by way of electronic media.
9. Issue notice to the non-applicant, returnable on
16th January, 2026.
10. Ms. Sneha Dhote, learned APP, waives service of
notice on behalf of the non-applicant.
(RAJ. D. WAKODE, J.)
Vijaykumar
Signed by: Mr. Vijay Kumar
Designation: PA To Honourable Judge
Date: 26/12/2025 20:45:24
