Cri. Appln. No. 3193/11 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 3193 OF 2011 1. Shankarlal Mulchand Sharma, 2. Nandkishor Shrikishan Sharma, 3. Mukesh Shrikishan Sharma, 4. Dinesh Shrkishan Sharma, All R/o. Shanwara, Burhanpur, Tq. and Dist. Burhanpur. ....Applicants. Versus The State of Maharashtra ....Respondents. Mr. V. D. Salunke, Advocate for applicants. Mr. G.R. Ingole, APP for State/respondent. CORAM : T. V. NALAWADE, J. DATED : 2nd August, 2011. PER COURT : 1. This application is filed for anticipatory bail in Cr. No. 115/11 registered in Muktainagar Police Station, Dist. Jalgaon for offences punishable under section 306, 34 etc. of IPC. The papers of investigation were made available by APP. Both the sides are heard. 2. The crime is registered on the basis of report given by brother of the deceased. Deceased Vishwanath was working for some time with applicant No. 1. Applicant No. 1 is in the business of selling and purchasing of bananas. The complainant has contended that the Cri. Appln. No. 3193/11 2 deceased had taken loan of Rs. 1.25 lacs from applicant No. 1 and by way of security, some blank cheques were obtained from the deceased by the applicants. He has made allegations that even when the deceased was working with the applicant No. 1, the applicant No. 1 was not paying anything by way of wages and he was also not giving the price of agricultural produce which the deceased was supplying to the applicant. One criminal case was filed on the basis of one cheque issued by the deceased to the applicant No. 1 in the Court of JMFC, Burhanpur, Madhya Pradesh in the year 2003. In the said case NBW was issued as the deceased has not turned up. The NBW was executed and the deceased was produced before the JMFC. Bail was granted to the deceased on the same day and after returning from the Court, the deceased committed suicide by jumping into a well. 3. The brother of the deceased has made allegations that due to harassment of the applicants, the deceased committed suicide. He has also contended that the amount was returned by the deceased, but the case was not withdrawn. APP pointed out some statements of witnesses like Sitaram in support of the case of the complainant. 4. The advocate for the applicant submitted that only applicant No. 1 has concern with the matter and the case was filed by applicant No. 1. It was submitted that the other applicants have no concerned with the business of applicant No. 1 and the allegations are made against the Cri. Appln. No. 3193/11 3 applicant No. 1 only. He submitted that procedure was followed by applicant No. 1 by filing the criminal case and if due to the arrest, the deceased committed suicide, applicant No. 1 cannot be blamed for the same. He produced a certified copy of the application given in the Court of Magistrate for releasing the deceased on bail. In para No. 2 of the application, contention was made for the deceased that he was mentally weak and he was whimsical. The statement of witness like Sitaram shows that the deceased was disturbed due to arrest etc. In view of these circumstances, this Court holds that the relief needs to be granted to the applicants. In this case police should not need the custody of the applicants for the purpose of interrogation and so, subject to some conditions, relief can be granted. 5. So the application is allowed. The ad-interim relief granted earlier is confirmed, subject to conditions that applicant No. 1 to visit the concerned police station for the period of one month from today on every Sunday between 9 am to 12 noon and he is to co-operate with the Investigating Officer. He is not to tamper with the prosecution witnesses. [ T. V. NALAWADE, J.] ssc/criapln3193.11