1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.3882 OF 2010 1. Bhaskar S/o.Taterao Shinde, Age-45 years, Occu-Agriculture, 2. Babasaheb S/o.Taterao Shinde, Age-65 years, Occu-Agriculture, 3. Babasaheb S/o.Rawan Shinde, Age-38 years, Occu-Agriculture, 4. Vinayak S/o.Rawan Shinde, Age-30 years, Occu-Agriculture, All are R/o.Borgaon (Jahangit) Tq.Sailu, Dist. Parbhani APPLICANTS VERSUS The State of Maharashtra, Through railway Police Station, Aurangabad, Camp at Sailu, Dist. Parbhani. RESPONDENT Mr.J.V.Deshpande, learned counsel for the applicants. Mr.B.V.Wagh, learned A.P.P. for respondent State. (CORAM : A.V.POTDAR, J.) DATE : 25/10/2010 PER COURT : 1. By the present application, the applicants have approached 2 this Court to seek the relief of pre-arrest bail, in the event of their arrest in connection with CR No.42/2010, registered in Railway Police Station, Aurangabad, camp at Sailu. 2. Record shows that the application was moved on 04/10/2010, and an interim protection was granted to these applicants. Heard learned counsel for the parties and perused the papers of investigation till carried out. 4. It appears that the said offence came to be registered on the complaint of one Dinkar Borse at Railway Police Station of Aurangabad, camp at Sailu, containing that deceased Subhash was working as a Police Patil, Borgaon. There is some dispute between a group headed by these applicants known as Shinde Group and the Police Patil. It appears that some villagers and the applicants have moved a representation before the Tahsildar for the right of way in the Gavthan situated in the same village. Because of this representation, inquiry was conducted by the Revenue Officer on 03/09/2010. In the said inquiry, the Police Patil was invited by the said Revenue Officers. During the said inquiry, as the Police Patil/ deceased remain absent, naturally, the revenue officers inquired about the Police Patil. In the evening, the dead body of deceased was found near railway track of Sailu. During the search, one chit was found in his possession, wherein it is written that because of harassment of these applicants, he is committing suicide. Besides this, there is nothing specific written in the said chit. 3 5. In this backdrop, heard submissions of learned counsel for the applicants and learned A.P.P. for State. What type of harassment the deceased had sustained, which compel him to commit suicide, is nowhere whispered in the complaint, but the entire episode is revolving around the chit which is found in the pocket of the deceased during his search. Even if, the contents of the chit is accepted as it is, it will not amount to an instigation, in absence of the instances to support that because of the harassment of these applicants, there is no any alternate remain with deceased than to commit suicide. In absence of any such allegations against the applicants, custodial interrogation of the applicants is not required. In the premise, case is made out to exercise the discretion of this Court by allowing the application of the applicants, order accordingly- 1. Application is allowed. 2. Interim protection granted on 04/10/2010 is hereby extended till filing of the charge sheet. 3. In the meantime, applicants to give attendance in the Police Station, if required, on written intimation by the Investigation Officer concerned. 4. Applicants not to contact with the prosecution witnesses. 5. Application stands disposed of accordingly. (A.V.POTDAR, J.) khs/OCT. 2010/cri.appl.3882-10