Ladda 1 --aba-171-11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 171 OF 2011 Jagdish Champaklal Godiwala ..Applicant. versus The State of Maharashtra ..Respondent. Mr. Ghanshyam Upadhyay i/by Law Juris, Advocates for the Applicant. Mrs S.D. Shinde. A.P.P. for the State. CORAM : A.R.JOSHI, J. DATED : 8th March, 2011 P.C. :- 1. Heard learned Advocate for the applicant in this matter of application for anticipatory bail. Also heard learned Mrs Shinde, A.P.P.for the State. Perused the application along with its accompaniments and specifically the affidavit filed at page No. 19 annexed to the present application. Ladda 2 --aba-171-11 2. The applicant is apprehending arrest at the hands of Goregaon Police Station in the matter of offences punishable under Sections 306, 506 (II) read with section 34 of I.P.C. 3. On 15.2.2011 in the evening one Ms Vandana Mahajan committed suicide in the flat, apparently in the name of the present applicant. Certain admitted position can be narrated : Inasmuch as, present applicant and Vandana were having love affair about five to six years prior to the incident of suicide and the applicant was the employer of the deceased. The deceased was earlier married and had one child. However, she was divorcee. The applicant is also a married person, living with his family consisting of his wife and two children, at another place from the flat where the incident of suicide occurred. It is also an admitted position that on the same day of the incident of suicide, the applicant was admitted in the Hospital for cardiac problem and was an indoor patient till 25th February, 2011. 4. During the investigation, suicide note is found on the person of the deceased woman. According to the investigation papers, said suicide note revealed the relations between the present applicant and the woman, so also, the alleged compulsion on her by the applicant concerning the flat apparently in the name of the applicant, but Ladda 3 --aba-171-11 allegedly purchased out of the funds provided by the woman. The said suicide note also contends regarding the threats given to her by the applicant and also by the another co-accused, who is also wanted in the present case. It is significant to note that on the same day of the incident of suicide an affidavit allegedly came to be executed by the woman and it was handed over to the applicant. Said affidavit/undertaking is to the effect that the woman had no right, claim or title on the particular flat, detailed in the said affidavit, and which belong to the present applicant. Admittedly, the address of the flat given in the affidavit is of the same flat in which suicide was committed. In the said affidavit, it is further mentioned that neither the woman nor her family member have claim or right of whatsoever nature over the said flat. Significantly, the said affidavit appears to have been prepared on a hundred rupees stamp paper purchased in the name of one Shri Raju and having the date of purchase 8.2.2011 and said document appears to be notarized without there being any full address of the Notary. Even the date is not mentioned under the signature of the Notary or under the signatures of the executant or the witnesses. The only date is mentioned, in the type written, is 15.2.2011 at Mumbai and it is in fact the fateful day when the suicide was committed. Ladda 4 --aba-171-11 5. During the arguments, learned A.P.P. for the State pointed the significant aspects of the contents of the affidavit and also the contents of suicide note and submitted that a thorough investigation is needed, after taking the custody of the present applicant and as the present applicant earlier could not be available as immediately on the date of incident of suicide, he was admitted in the hospital and after his discharge he preferred anticipatory bail application before the Sessions Court and was protected till the hearing and final disposal of the said application. 6. Said anticipatory bail application before the Sessions Court was heard and rejected by the Court on 7th March, 2011. In fact, it is a peculiar circumstance that during the pendency of the said application before the Sessions Court, present anticipatory bail application came to be filed on 24th February,2011. 7. During the arguments, learned counsel for the applicant submitted that the contents of suicide note are not made available to him and in any event the said contents may not be taken as incriminating against him, except for establishment of the fact regarding love affair between the applicant and the deceased woman. He further submitted that there were earlier incidents when the woman had Ladda 5 --aba-171-11 threatened the applicant to commit suicide. She had also allegedly threatened him that he has to relinquish his own family members i.e.wife and children and he has to remarry with her or otherwise she would commit suicide. It is also submitted by pointing out towards contents of SMS communication, which are detailed on page Nos. 4 and 5 of the present application that the conduct of the woman is of such a nature that she was hypersensitive and was bent upon to do anything for getting married with the applicant. 8. By pointing out these circumstances, it is submitted on behalf of the applicant that in the present matter his custodial interrogation is not necessary, if still, the case of the Investigating agency is to be accepted as to requirement of carrying out the investigation on the contents of suicide note and the affidavit and also on the authenticity of the SMS communication. 9. Shelter of the following authority and also the other authorities was taken on behalf of the applicant. (2010) 8 Supreme Court Cases 628 Madan Mohan Singh versus State of Gujarat and another Ladda 6 --aba-171-11 This Court has carefully gone through the ratio propounded by the said authority. It is specifically mentioned in the case at hand before the Hon'ble Apex Court that the suicide note of the deceased in that matter as well as the F.I.R. was failing to depict any intention of accused that the deceased might commit suicide. Moreover, in the opinion of this Court, when dealing with the matter at the bail stage reliance on any of the authorities will be of no much relevance, considering the specific facts of each and every case. Apart from this authority, there are some other authorities brought to the notice of the Court. However, on asking by the Court, it is submitted by the learned counsel for the Applicant that all those authorities are not squarely on the decision of the bail applications, but on the merits of the cases those were tried and dealt with in the respective authorities. 10. Considering the above factual position and still considering that the investigation is at the primary stage and considering the investigation to be done regarding the suicide note and the alleged affidavit by which the deceased had allegedly relinquished her right over the flat, in the opinion of this Court, it is not a fit case in which the discretionary relief of pre-arrest bail can be granted. Hence the Ladda 7 --aba-171-11 following order. (a) Criminal Application No.171 of 2011 for anticipatory bail is hereby rejected. 11. At this stage, request made on behalf of the applicant for stay of the present order and for granting interim protection, considering circumstances of the matter, is not accepted. (A.R. JOSHI, J.)