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Bombay High Court
Nandkishor Gambhirrao Deshmukh vs The State Of Maharashtra Thr Pso ... on 29 January, 2026
2026:BHC-NAG:1434
Order 290126ba1401.25
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR.
CRIMINAL APPLICATION [BA] NO. 1401 OF 2025.
Nandkishor Gambhirrao Deshmukh.
-VERSUS-
State of Maharashtra.
Office notes, Office Memoranda of
Coram, appearances, Court's orders Court's or Judge's Orders
or directions and Registrar's orders.
Shri M. Rai, Advocate for the Applicant.
Shri A. Chutke, A.P.P. for the Non-applicant/State.
CORAM : M.M. NERLIKAR, J.
DATE : JANUARY 29, 2026.
Heard learned Counsel for the parties.
2. The applicant came to be arrested on 27.09.2024 in
connection with Crime No.247/2024 registered with
Sakharkheda Police Station, Buldhana for the offence
punishable under Sections 103[1] and 115[2] of the Bhartiya
Nyaya Sanhita (BNS), 2023.
3. The informant Radha Deshmukh is sister of the
deceased. She has alleged that her sister, deceased Pragati got
married to the applicant in the year 2013. The applicant used
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to ill-treat her. They were having two children out of the
wedlock. On 27.09.2024, the informant received a phone call
from Ram Deshmukh, that a quarrel took place between the
deceased and the applicant and they all need to come to her
sister's house at Loni. While they were on the way to Loni, one
Gajanan Deshmukh asked them to come to Sakharkheda Police
Station. She was also informed that Pragati passed away and
was taken to Government Hospital for postmortem. From the
villagers she learnt that during quarrel, the applicant has
stabbed her with a sickle. Hence, the aforesaid crime came to
be registered.
4. The learned Counsel for the applicant submits that
the applicant is in jail since 27.09.2024. He further submits
that even if the allegations is taken as it is, the case would fall
under exceptions 1 and 4 of Section 101 of BNS. Statement
of minor son was recorded initially on 29.09.2023, wherein he
has specifically stated that there was a scuffle between the
applicant and the deceased, and the applicant has slapped her
on cheek. Accordingly the deceased brought a sickle, the
applicant took the said sickle from her and inflicted blows on
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her person. He further submits that out of sudden quarrel,
the incident has taken place and there was no intention on the
part of the applicant to commit murder of his wife. It is
submitted that it is the deceased who had instigated the
applicant by bringing sickle, and the deceased herself has
handed over the same to the applicant. He states that had it
been the intention on the part of the applicant to cause murder
of his wife, he would have himself brought the sickle and
inflicted blows. Even considering the fact that there is prima
facie case, considering the fact that the applicant is in jail since
27.09.2024, and the trial is yet to commence, the applicant
deserves to be enlarged on bail.
5. The learned A.P.P. vehemently opposes the
applicant by inviting my attention to the contents of first
information report and the postmortem report, wherein as
many as 9 injuries are shown, and the cause of death is shown
as 'Hemorrhagic Shock'. He further submits that the statement
of child witness was recorded under Section 183 of the BNS,
which also goes to show that the applicant has inflicted blows
on the deceased, therefore, considering the gravity of the
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offence and the material collected by the investigating officer
directly implicating the present applicant, he does not deserves
to be released on bail, and thus prayed that the application be
rejected.
6. After going through the material placed on record,
admittedly it reveals that first information report was registered
at the instance of one Radha, who is sister of the deceased. It
also reveals that quarrel took place between the applicant and
the deceased on petty count, during which the applicant
slapped her and accordingly deceased has brought sickle, and it
appears that with the help of sickle, the applicant gave blows on
her person, because of which she suffered serious injuries and
succumbed to the same.
7. In order to ascertain the stage of the trial, status
report of the trial from the Court below was called, from which
it is clear that recently on 16.01.2026 charge is framed against
the accused. Considering the report and the allegations leveled
against the applicant, and the fact that the applicant is
languishing in jail since 27.09.2024, coupled with the fact that
the investigation is over and charge sheet is filed, I am inclined
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to grant bail to the applicant. Hence, the following order.
ORDER
(i) Criminal Application is allowed and disposed
of.
(ii) The applicant /accused Nandkishor
Gambhirrao Deshmukh be released on regular
bail in connection with Crime No.247/2024
registered with Sakharkheda Police Station,
Buldhana for the offence punishable under
Sections 103[1] and 115[2] of the Bhartiya
Nyaya Sanhita (BNS), 2023 on his furnishing
P.R. Bond of Rs.25,000/- with one surety in the
like amount.
(iii) The accused shall not enter within the
territorial jurisdiction where the informant is
residing, till the completion of the trial.
(iv) The accused shall not directly or indirectly
make any inducement, threat or promise to any
person acquainted with the facts of the case, as
also shall not tamper with the evidence.
(v) The accused shall provide his residential address
and cell number to Police Station concerned
and shall not change his place of residence
without prior intimation to the Investigating
Agency.
(vi) The accused shall attend each and every date of
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trial regularly. If he fails to attend the trial for
two consecutive dates, or fails to comply with
the aforesaid conditions, his default would
entail the State to ask for cancellation of bail.
(vii) The above observations are prima facie in
nature, and restricted for the purpose of
deciding this application. The Trial Court shall
not get itself influenced by said observations,
during the course of trial.
(viii) Misc. Applications, if any, are also disposed of.
JUDGE
Signed by: R.G. Dhuriya (RGD)
Designation:Rgd.
PS To Honourable Judge
Date: 29/01/2026 18:16:20
