1 crap3698.11 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 3698 OF 2011 _________________________________________________________________________________ Office Notes, Office | Memoranda of Coram, | appearances, Court's | Court’s or Judge’s orders orders or | directions and | Registrar's orders | _________________________________________________________________________________ Smt. Sangmitra Wadmare, advocate for the applicant Shri G.R.Ingole, A.P.P. for respondent ..... CORAM : SHRIHARI P.DAVARE, J. DATED : 6 th September, 2011. PER COURT :- 1 Perused the investigation papers which were made available for perusal purpose and heard respective learned counsel for the parties finally. 2 This is an application preferred by the applicant seeking anticipatory bail apprehending his arrest under C.R. No. 87 of 2011, registered at City 2 crap3698.11 police station, Beed, District Beed, for the offences punishable under Sections 306 and 34 of the Indian Penal Code. 3 It appears that the offence has been registered on the basis of the complaint lodged by Mahavir Dharmraj Sonwane on 10.7.2011, alleging that his brother Jaiprakash committed suicide by consuming poisonous substance and the applicant and the co- accused persons abetted and instigated the committal of the said suicide, since the said victim was subjected to humiliation and mental torture by the applicant and the co-accused persons. 4 Admittedly, two chits were found on the person of the deceased. Out of the said two chits, one chit apparently raises finger against the co-accused persons, namely Pushpa and Rathod. However, as regards the applicant herein, it is stated that the applicant, who is brother of Pushpa, is serving in Police Department, and therefore, Pushpa gave 3 crap3698.11 threats to the victim. Pertinently, there is no mention in the said chit that the applicant ever gave any threats to the victim Jaiprakash. The other chit refers to Pushpa i.e. co-accused and does not refer to the applicant herein. 5 Besides, it is pointed out that the statements of relatives have been recorded during the course of investigation and no statements of neighbourers were recorded by the investigating agency. Accordingly, considering the tenor of the afore said two chits and the accusations made against the applicant and the nature and gravity thereof, I am of the view that there is no necessity of custodial interrogation of the applicant for further progress in the investigation, and hence, the application deserves to be allowed. 6 In the result, present application is allowed and it is directed that in the event of arrest of the applicant under C.R. No. 87 of 2011, registered at 4 crap3698.11 City police station, Beed, District Beed, he be released on bail on furnishing P.R. bond in the sum of Rs.15,000/- with one surety in the like amount, on the following conditions :- (i) The applicant shall give attendance before the concerned investigator on every Monday and Thursday between 5.00 p.m. to 7.00 p.m., till filing of the charge sheet and shall cooperate in the investigation. (ii) The applicant shall not influence upon the witnesses and/or tamper with the evidence, in any manner whatsoever, directly or indirectly. 7 The present application stands disposed of finally. 8 It is made clear that the above observations are prima facie in nature and shall be restricted to this order only and shall not be used in any other 5 crap3698.11 matter while deciding it on merits. (SHRIHARI P. DAVARE), JUDGE. dbm/crap3698.11