(1) CRI.APP. 3470.2010 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 3470 OF 2010 Bansi Rambhau Gaikwad, Age : 52 years, Occu.: Agri., R/o : Bhavarwadi, Tq. Pathardi, District : Ahmednagar .. Applicant VERSUS The State of Maharashtra (Copy served on the Public Prosecutor, High Court, Bench at Aurangabad) .. Respondent Mr. Joydeep Chatterji, Advocate for the Applicant Mr. V.D. Godbharle, APP for the respondent-State ... CORAM : V.R. KINGAONKAR, J. DATED : 30TH SEPTEMBER, 2010 ORAL ORDER:- 1. Heard. The application is for bail. 2. The applicant is arrested in connection with crime no. I-113/2010 registered at Pathardi Police Station for offences under section 306, 323, 504 and 506 r/w. 34 of the Indian Penal Code. 3. The chargesheet is already filed. Needless to say detention of the applicant for the purpose of (2) CRI.APP. 3470.2010 investigation is no more required. The recitals of the FIR prima facie indicates that the applicant insulted deceased Chandrakala in the evening of 12th February, 2010 and also assaulted the informant and said Chandrakala on 30.3.2010. It appears that, deceased Smt. Chandrakala committed suicide by self- hanging in the residential house on 31.3.2010. The averments in the FIR and investigation papers would show that deceased Smt. Chandrakala felt insulted due to the abuse and obnoxious words used by the applicant. 4. Clinching question is whether conduct of the applicant can be regarded as intentional act of aiding deceased to commit the suicide? The ingredients of section 107 of the Indian Penal Code need to be established for the purpose of proving charge for offence under section 306 of the Indian Penal Code. The applicant prima facie did not assist commission of the suicide by deceased Smt. Chandrakala and may not be guilty of offence punishable with death or imprisonment of life. These (3) CRI.APP. 3470.2010 observations are however prima facie and the intention of the applicant is required to be considered after full fledged trial. 5. In view of foregoing discussion, the Application is allowed. The applicant is directed to be released on bail on furnishing of P.B. and S.B. in sum of Rs.20,000/- (Rs. Twenty Thousand) with one solvent surety to the satisfaction of the Court of Sessions. He shall not contact any of the prosecution witness and shall make no attempt to tamper with the evidence of the prosecution. Application disposed of. Sd/- [V.R. KINGAONKAR, J.] arp