( 1 ) IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 3227 OF 2010 Jilani s/o Musa Nizam, R/o Bharat Nagar, Garkheda Parisar, Aurangabad. APPLICANT VERSUS The State of Maharashtra RESPONDENT .... Smt. S.S. Jadhav, advocate holding for Mr. A.P. Avhad, advocate for the applicant. Mr. N.H. Borade, APP for the respondent/State. .... [CORAM : V.R. KINGAONKAR, J.] [DATE : 27th August, 2010] PER COURT : 1. This is an application for anticipatory bail under section 438 of the Criminal Procedure Code. 2. The applicant apprehends his arrest in connection with crime No. 26/2010, registered by Railway Police Station, Aurangabad, for offence punishable under section 306 of the I.P. Code. 3. It appears that one Dattatraya Kshirsagar, aged about 50 years, committed suicide by jumping himself in front ( 2 ) of a running train. A chitthi written by him was found on his person. In the chitthi, addressed to the police officer, it was stated that the applicant had obtained loan by making him as a guarantor for repayment of the loan. It has been further stated that the applicant assured employment on accepting various amounts, but no such promise was fulfilled. The persons from whom Dattatraya had collected such amounts in order to secure the employment and had paid the said amount to the applicant, were harassing him. In view of such harassment and alleged mental torture, he committed the suicide. 4. Having heard learned counsel and learned A.P.P. and on consideration of the investigation papers, it can be gathered that deceased Dattatraya himself had collected the amounts from various persons with a promise that they would be given employment. It appears that Dattatraya acted as a middle agent whereas the applicant was promising said Dattatraya to provide the job to such persons who were ready to pay. The deceased Dattatraya was being harassed by those persons who were asking for employment. In case, they had harassed the deceased, it cannot be said that the applicant is the abettor of the suicide. The applicant prima facie has not instigated, goaded or enticed the deceased to commit the ( 3 ) suicide. Under the circumstances, arrest of the applicant may not be required for effective investigation. 5. In the result, the application is allowed in terms of the interim order granting the protection to the applicant. The anticipatory bail will be operative only till filing of the chargesheet. [V.R. KINGAONKAR] JUDGE NPJ/criapln3227-10