- 1 - VPH IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION No. 8 OF 2008 Tanaji Ankush Kadam Applicant vs. The State of Maharashtra Respondent Mr. A. P. Mundargi i/b Ganesh Gole, advocate for the Applicant. Mr. D. P. Adsule, APP for the respondent. CORAM : D. G. KARNIK, J. DATE : FEBRUARY 12, 2008 PC . In this application, the applicant seeks pre-arrest bail in connection with the crime, registered with Matunga Police Station in C. R. No. 2 of 2008 in respect of an offence punishable under S. 306 read with Section 34 of Indian Penal Code. 2. The prosecution case in brief is that the applicants are working as teachers in Raja Shivaji Vidyalaya, Hindu Colony, Dadar, Mumbai. On 11th of October 2007 one pupil by name Rohan Rajapurkar came to - 2 - the class after the prayers at about 9.30 a.m. The applicant No.2 who is the class teacher told Rohan to go home as his name was removed on account of indiscipline. Rohan did not go home immediately but stayed on play ground and returned home after usual school hours. Rohan came to the School on 12th of December 2007, but instead of coming to the class stayed on the school ground. On 13th of December 2007 at about 2.15 p.m. when Rohan was watching Kabaddi game on the school ground, the applicant No.2 told the watchman to remove him from the school premises. The watchman accordingly removed Rohan from the school premises after giving one slap on his back. About fortnight thereafter, on 28th December 2007 Rohan is alleged to have committed suicide on railway track. On the First Information Report lodged by the parents of Rohan, an offence has been registered against the present applicants. 4. Learned APP submits that statements of 3 students have been recorded on 16th of January 2008 and all the three students have narrated the incidents of 11th and 13th December 2007. Assuming that the incidents of 11th and 13th December 2007 have occured, there is no evidence on record to show that the alleged suicide was committed by Rohan on account of the said incidents. - 3 - 5. There is nothing on record to show that applicants abetted the suicide by Rohan. The death of Rohan is certainly unfortunate. However, merely on account of the fact that Rohan has died on a railway track, it cannot be said that he committed suicide and to further conclude that the suicide was abetted or caused on account of the two incidences of 11th and 13th December. 6. The offence under section 306 of the Indian Penal Code is not punishable with imprisonment for life or death, but punishable with imprisonment which may extend upto ten years. Taking into consideration the nature of evidence available and also taking into consideration the fact that investigation is almost complete the arrest of applicants would not result in further material being brought on record, regarding complicity of the applicants. On the other hand, arrest of the applicants may result in depriving other students the benefits of education which they are imparting. In my view the applicants are entitled to bail. Hence, I pass the following order. 6. In the event of arrest of applicants or any of them in connection with the crime mentioned above, each of the applicants shall be released on bail on furnishing - 4 - personal bond in the sum of Rs. 20,000/- with one surety in the like amount. 7. This order shall come to an end after charge sheet is filed, whereafter the applicants may, if they so desire approach the regular Court for bail. If such application is made, the appropriate Court shall consider the same on its own merits, without being influenced by any of the observations herein as they are only prima-facie. Sd/- [ D. G. KARNIK, J.]