Pranav B Prem

The Bombay High Court has granted bail to a 22-year-old student, Tejas Shinde, who was booked for the murder of his 69-year-old bed-ridden father. The court observed that the applicant was prima facie subjected to grave provocation due to repeated verbal abuse hurled by his father at both him and his mother. Justice Milind Jadhav, while passing the order, highlighted that the young applicant's "adolescent mind" could not handle the continuous barrage of abuses, which ultimately led to the unfortunate incident.

Background of the Case

Tejas Shinde, a second-year Bachelor of Management Studies (BMS) student at a reputed college in Dombivli, was arrested for allegedly killing his father on February 22, 2023. His father was a chronic alcoholic, suffering from kidney ailments, and required assistance even for basic activities like passing urine. The mother of the applicant worked as a housemaid and was not present at the time of the incident.

On the fateful day, Shinde had returned from college and assisted his father multiple times, including helping him urinate and cleaning up after him. However, when his father attempted to take certain medicines that were not prescribed by any doctor, Tejas objected, leading to an altercation. The father, as per the court record, then started hurling verbal abuses at him and his mother. The judge noted that this verbal abuse had a "deleterious effect" on the applicant’s young mind. Despite asking his father to "shut up," the verbal tirade continued, leading Shinde to attack his father with a grinding stone and, later, a kitchen knife. Following the incident, Tejas locked his house, borrowed Rs 100 from a neighbor, and went straight to the police station, where he voluntarily confessed to his act. The victim was declared dead upon arrival at the hospital.

Court’s Observations and Bail Decision

Justice Jadhav, after reviewing the circumstances of the case, noted that while the act was undoubtedly grave, the provocation received by the applicant was significant. The court observed: "Taking an overall view, I am prima facie of the opinion that the situation leading to the ultimate assault was a result of grave provocation because of the precursor incidents with respect to victim hurling repeated barrage of abuses not only on the Applicant but also his mother, which could not be handled by the Applicant's 20-year-old adolescent mind at that stage."

The court emphasized that, despite the nature of the crime, every attempt should be made to ensure that the applicant can resume his education and reintegrate into society. Justice Jadhav stated: "Applicant is a student of Bachelor of Management studying in Second Year and every attempt should be made by the Court by ensuring that Applicant is accorded an opportunity to continue and go back to his studies. In the facts of the present case, I am inclined to therefore release the Applicant on bail. I am of the opinion that the Applicant should be given a chance to make an attempt to demonstrate that he has reformed his conduct and is leading a law-abiding life with prospects of making a positive impact on society."

The court further noted that incarceration at this stage of life would push the young applicant towards a "vicious cycle and downward spiral of criminality," which would make reintegration difficult. Citing legal precedents, the court underscored the importance of rehabilitation for young offenders.

Bail Conditions

Granting bail to Shinde, the court imposed the following conditions:

1. He shall furnish a personal bond of Rs. 25,000 with one or two sureties.

2. He must report to the investigating officer once a month for the first three months and thereafter as and when required.

3. He shall not attempt to influence witnesses or tamper with evidence.

4. He must keep the investigating officer informed of his current residence and contact details.

5. Any violation of these conditions could lead to the cancellation of bail.

The court expressed hope that the applicant would take this opportunity to continue his education and become a responsible citizen. The judgment stressed that the observations made were "prima facie" and should not influence the trial.

Cause Title: Tejas Shinde vs State of Maharashtra 

Case No: Bail Application 544 of 2024

Date: February-03-2025

Bench: Justice Milind Jadhav

[Read/Download order]