1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR Criminal Application No. 502 of 2010 [Sultana Ramdas Salwe & another Vs. State of Mah.] Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. Mr. R. N. Ghuge, Adv., for the applicants. Mr. V.A. Thakire, APP for respondent. ----- CORAM : A.H. JOSHI, J. DATE : 05th April, 2010. 1. This is an application under Section 438 of Criminal Procedure Code. 2. The applicants are apprehending arrest furtherance to Crime No. 17/10 registered with Police Station, Deulgaon Raja, Distt. Buldana, for offences punishable under Sections 306, 504, 506 read with Section 34 of Indian Penal Code, and Sections 33 and 34 of the Bombay Money Lenders Act, 1947. 3. First Information Report discloses that the husband of the deceased had borrowed from the accused persons various amounts with heavy rate of interest. 4. It is alleged that the accused persons had pestered the deceased for refund of amount, and being fed up with the torture and abuses hurled by the accused persons, deceased has committed suicide. 2 5. Evidence collected by the police indicates that there exists money lending transactions between the accused and the deceased, but said fact itself does not incriminate the applicants for offence under Section 306 of Indian Penal Code. 6. At this stage, prima facie, even accepting entire evidence in the form as it stands, nothing is disclosed as to how the accused can be blamed for abetting suicide. 7. The accused being money lenders and having abused the deceased, by themselves do not suffice to spell out at least prima facie that they are abettors of suicide. 8. In this background, the applicants are entitled for the anticipatory bail sought for. 9. In the event of arrest, the applicants be released on bail on furnishing a Personal Bond and Solvent Surety in a sum of Rs.15,000-00 [rupees fifteen thousand only] each. 10. They shall appear before the Investigating Officer between 9-00 a.m., and 1- 00 p.m., from 12th to 16th April, 2010, and as and when called thereafter. Judge |Hedau| 3