(1) CR.APP. 1920.2009 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 1920 OF 2009 1] Mandakini Kiran Landge, Age: 20 years, Occu.: Household, R/o Pimpalgaon Landga, Tq. Nagar, Dist. Ahmednagar 2] Hirabai Jagannath Markad, Age : 65 years, Occu.: Household, R/o Madhi, Taluka Pathardi, District : Ahmednagar 3] Dadasaheb Rambhau @ Bhaurao Bhapse, Age : 34 years, Occu.: Veterinary Doctor, R/o Nimbodi, Tq. Pathardi, District Ahmednagar .. Applicants Versus State of Maharashtra (Copy served on the Public Prosecutor, High Court, Bench at Aurangabad) .. Respondent Mr. Joydeep Chatterji, Advocate for the Applicant Smt. S.B. Wadmare, APP for the Respondent-State CORAM : A.V. NIRGUDE, J. DATED : 13TH JULY, 2009 ORAL ORDER:- 1] The applicants are seeking anticipatory bail in crime no. 121 of 2009 of Pathardi Police (2) CR.APP. 1920.2009 Station, Dist. Ahmednagar for the offences punishable under section 306, 504, 506 r/w. 34 of the Indian Penal Code. 2] It is the case of the prosecution that the husband of the applicant no.1 committed suicide because the applicants harassed him due to their persistent demand that he should come and work in the agricultural field of the applicant no.2 his mother-in-law. It has come on record that few minutes prior to the death, the deceased had received a phone call from the applicant no.3, his brother in law. The applicant no.3 had a long conversation with the deceased. He demanded that the deceased should come and work in the agricultural field of the applicant no.2. It is the case of the prosecution that due to the persistent demands and harassment, the deceased committed suicide by consuming poison. 3] The application for anticipatory bail filed by applicant no. 1 came to be rejected vide order dated 11.6.2009 passed by the learned Additional Sessions Judge, Ahmednagar Shri N.V. Nhavkar and the application of the applicant no.3 came to be rejected on 2.6.2009 vide the order of learned Incharge Additional Sessions Judge, Ahmednagar Shri A.K. Mahadik. Both these learned Judges did not examine as to whether the offence under section 306 (3) CR.APP. 1920.2009 IPC. was constituted against the applicants. In order to examine this aspect, the learned Judges were required to go through the definition of term “abetment” defined under section 107 of the Indian Penal Code. The facts mentioned above even taken to be truthful, would not constitute “abetment”. They certainly did not expect and want the suicide of the deceased. The applicants deserve bail. 4] In the event of the applicants’ arrest in this case, they shall be released on bail of Rs.2000/- each with one surety each in the like amount. 5] Criminal Application stands disposed of. Sd/- (A.V. NIRGUDE, J.) arp/13july9/cr1920.09