1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.3539 OF 2009 Vishnu S/o.Trimbak Chavan, Age-40 years, Occu-Agriculturist, R/o.Nandatanda, Tq.Soygaon, District : Aurangabad APPLICANT VERSUS The State of Maharashtra RESPONDENT Mr.Imran Durrani, h/f. Mr.S.K.Barlota, learned counsel for the applicant. Smt.Y.M.Kshirsagar, learned APP for the State. (CORAM : A.V.POTDAR, J.) DATE : 11/11/2009 PER COURT : 1. By the present application, the applicant has prayed to release him on anticipatory bail in connection with C.R.No.48/2009, registered in Soygaon Police Station for an offence punishable u/s. 306, 506 r/w. 34 of IPC. 2. Heard advocate for applicant and learned APP appearing for respondent State. Perused the papers of investigation. It can not be disputed that death of the victim was occurred due to consumption of poisonous substance which is to be termed as a “Suicidal Death”. 2 Offence is registered for an offence punishable u/s. 306 of the IPC, then it is to be satisfied the ingredients of the abatement as per Section 107 of The IPC. Disclosure of the facts in the First Information report that in the morning of 9th August 2009, one Kartar alias Pintya entered in the house of the complainant after noticing that the daughter of the complainant is alone in the residential premises. On receipt of this information, the mob gathered there. They took out the said Kartar alias Pintya outside the house. It is the allegation that the mob collected there obtained in writing from the said Pintya that he will not repeat the mistake committed by him in the morning on that day. In the afternoon, this applicant alongwith others approached to the complainant and his daughter and gave threats that unless they will withdraw that writing, they will kidnap the daughter of the complainant. It is alleged that to save from defamation, the daughter of complainant consumed poison and committed suicide. It is urged that all the remaining accused in the said crime were released on bail. Investigation is almost over even though the charge sheet is yet to be filed. 3. These facts addressed across the bar finds place in the papers of investigation placed in my hand by the learned APP appearing for the State. The fact remain now is that the statements of material witnesses are already recorded and the formality to file the chargesheet is to be completed. In the premise, considering the role as projected in the FIR and the statements of the material witnesses 3 are already recorded. In the premise, this application deserves following order : 1. Application is allowed. 2. Interim protection granted vide order dated 09/10/2009 to continue for the period of 3 weeks. 3. The applicant is at liberty to apply for regular bail within that period. 4. Application stands disposed of accordingly. (A.V.POTDAR, J.) khs/NOV 2009/cri.appl.3539-09