1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR CRIMINAL APPLICATION NO. 619/2009 (Ambadas Butlaji Khande .vs. State of Maharashtra ) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ---------------------------------------------------------- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -------------------------------------------------------------- - -- CORAM : S.R.DONGAONKAR, J. DATE : 25th JUNE, 2009 Heard Shri V.M.Deshpande advocate for applicant and Shri Sonare APP for state. Interim order was passed by this court on 11.2.2009. The case of the applicant in the application is that the deceased was not performing his duties properly. He used to come to office under the influence of liquor, for which he received memos. Many a times he used to misbehave with the officers. Entire function of the office used to hamper because of his this bheaviour. It is also pointed out that the deceased had committed suicide in the Bar. Several contentions are raised in the application as regards the untoward behaviour of the deceased. No doubt the deceased has left suicidal note, implicating the applicant, fact remains that the applicant is superior officer and the office behaviour of the deceased was not befitting to the government 2 employee. Reply is silent as regards such behaviour of the deceased. It is needless to state that many a times superior officer while extracting the work from the subordinates have to issue memo and take some coercive action and for that, if any employee committed suicide, it will be difficult to say that there is abetment on the part of that officer. At any rate this is a matter to be decided at the time of trial. Presently in the circumstances, interim order needs to be confirmed. In the event of his arrest in Crime no.25/2009 for the offence punishable u/s 306 of IPC, registered by P.S.Warud, applicant be released on his furnishing PRB and surety of Rs.10,000/- subject to condition that he shall report P.I.Warud, as and when directed for the purposes of investigation and shall not directly or indirectly tamper with the prosecution witnesses. It is made clear that the above observations are in prima facie view of the matter, therefore, they shall not influence the trial Judge while deciding anything on merits. Application stands disposed. JUDGE SMP