[-1-] IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLN.NO.3451 OF 2008 1. Shankar Murlidhar Godage 2. Iqbal Gulabhusen Mujawar ..Applicants Vs. The State of Maharashtra ..Respondent ... Mr.R.D.Suryawanshi i/b Mr.Rahul S.Kate Advocate for Applicants Mr.A.S.Shitole APP for the State ... CORAM: SMT.V.K.TAHILRAMANI,J. CORAM: SMT.V.K.TAHILRAMANI,J. CORAM: SMT.V.K.TAHILRAMANI,J. DATE : OCTOBER 6, 2008 DATE : OCTOBER 6, 2008 DATE : OCTOBER 6, 2008 P.C. P.C. P.C. 1. Heard the learned advocate for the applicants and the learned A.P.P. for the State. 2. The applicants are seeking bail in CR No.180 of 2008 of Pandharpur Taluka Police Station. The said case is mainly under Section 306 r.w. 34 of IPC. 3. Deceased Shashikant had purchased autorickshaw from one Arif alias Nizam. Arif had purchased autorickshaw after taking loan from Navratna Gramin Bigarsheti Patsanstha. However, without repaying the loan, Arif sold autorickshaw to Shashikant. It is the prosecution case that as loan had not been repaid by Arif, both the applicants along with one other started harassing Shashikant and they took [-2-] away the autorickshaw and kept it at the said Patsanstha. Shashikant requested for return of autorickshaw, however, the accused persons refused to return autorickshaw and told him to get an order from the Court. Hence, Shashikant committed suicide. 4. The investigation is over and the charge sheet has been filed. In my view, Arif is the main person who is responsible for the suicide of Shashikant. Arif had not revealed to Shashikant that there was loan on the autorickshaw and said loan was taken from the aforesaid Patsanstha. In such case, prima facie no fault can be found with the applicants if they took away the autorickshaw from Shashikant. In this view of the matter, I am inclined to grant bail to the applicants. 4. Each of the applicant nos.1 and 2 i.e. applicant no.1-Shankar Murlidhar Godage and applicant no.2-Iqbal Gulabhusen Mujawar be released on bail in the sum of Rs.25,000/- (Rs.twenty five thousand only) with one or two sureties to make up the said amount. The applicants to report to Pandharpur Taluka Police Station, once in a fortnight till conclusion of the trial. 5. Application is disposed of. [-3-] [SMT.V.K.TAHILRAMANI, J.] [SMT.V.K.TAHILRAMANI, J.] [SMT.V.K.TAHILRAMANI, J.]