1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.4387 OF 2009 Sandeep S/o.Bhagwanrao Shete, Age-18 years, Occu-Student, R/o.Tamsa, Tq. Hadgaon, Dist. Nanded APPLICANT VERSUS The State of Maharashtra, Through P.S.Tamsa, Tq.Hadgaon, Dist. Nanded RESPONDENT Mr.S.V.Warad, learned counsel for applicant. Mr.N.R.Shaikh, learned counsel for respondent State. (CORAM : A.V.POTDAR, J.) DATE : 04/01/2010 PER COURT : 1. By the present application, the applicant has approached this Court for his release on bail in connection with Crime No.46/2009, registered in Tamsa Tq.Hadgaon Police Station for an offence punishable u/s. 306 of IPC. It appears that the alleged incident took place in the afternoon of 26/07/2009 where due to some dispute between the present applicant and his mother, on the demand of money to play cards/gambling and as the victim, the mother of the applicant refused to satisfy the demand of the applicant, applicant gave fist and kick blows to his mother. Because of that, the victim/ mother of the applicant committed suicide by consuming 2 the insecticides. On that basis, on the next day, the complaint came to be lodged by the father of the applicant. In this connection, applicant was arrested on 27/07/2009, and since then he is in custody. 2. In this case, the investigation is already over and charge sheet came to be filed. Thereafter, after passing necessary committal orders, the case against the applicant was committed to the Court of Sessions, Nanded and numbered as Sessions Case No.154/2009. In this scenario, counsel appearing for the applicant praying that the applicant be released on bail as now the investigation is over and after filing the charge sheet, the case against the applicant is already committed to the Court of Sessions. 3. It is not disputed that the demise of mother of applicant is not a natural death, but it is a suicidal death. But according to applicant, he is not solely responsible for the suicide committed by her mother. For this, he drawn my attention towards the statement of witnesses recorded during the investigation, i.e. the statement of the complainant father and statement of sister. He brought the variance in these two statements to the notice of this Court and according to him, as the applicant is already in jail for more than 6 months, there is no question that he may tamper the witnesses of the prosecution, he be released on bail. 4. While opposing the bail application, it is submitted across the bar by learned APP that there is direct nexus between the act of the applicant and the suicide committed by his mother. As well as the case is not made out to release the applicant on bail. 5. Considering these submissions across the bar, and particularly the post mortem notes, one fact is clear that the death of the victim is due to 3 consumption of insecticides. The fact is also clear that it is a suicidal un- natural death. There are allegations against the applicant about his ill- voices of playing cards and for that demand of money from the parents i.e. complainant and victim. It is noticed by this Court that when ever any offence is registered u/s. 306 of IPC, there must be some material to bring on record that there was abatement at the hands of the persons who are arrayed as an accused in the said offence. Even though the story of the prosecution is accepted as it is, at least at this stage, there is no material to satisfy the ingredients of section 107 of Cr.P.C. which speaks for abatement. In the premise, case is made out to enlarge the applicant accused on bail, but on putting certain conditions. O R D E R 1. Application is allowed. 2. The applicant be released on bail on furnishing solvent surety in the sum of Rs.20,000/- and on executing the PR bond in the like amount. 3. After released on bail, the applicant not to contact his father/ complainant and his sister who are the witnesses of the prosecution, till the trial against applicant will over. 4. Application stands disposed of accordingly. (A.V.POTDAR, J.) khs/JAN 2010/cri.appl.4387-09