BA-895-11.sxw 1 Dixit IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO.895 OF 2011 Kayyum Abdul Razzak Qureshi ... Applicant V/s. The State of Maharashtra, Thru’ Malwani Police Station, Mumbai ... Respondent Mr. Rishi Bhuta for the Applicant. Mrs. S.D. Shinde, APP, for the Respondent. CORAM: A.M. THIPSAY, J. DATED : 11 TH AUGUST, 2011. P.C. : 1. Heard. 2. I have gone through the F.I.R. and the statements recorded during investigation. 3. No dying declaration of the deceased Shabana is available and, as such, what exactly led her to committing suicide cannot be ascertained with the requisite degree of certainty. It is only the claim of the First Informant Vajeer Shaikh, who is Shabana's brother, that she had committed suicide because of the torments caused to her by the accused persons including the Applicant. Even taking the case of the First Informant as it is, it would require consideration whether the acts attributed to the accused persons would amount to abetting suicide by the said Shabana. Out of the three other accused named in the F.I.R., one has been discharged, one has been released on bail and one BA-895-11.sxw 2 Dixit has been granted anticipatory bail. The Applicant has remained in custody since 28th February, 2011. 4. It is also found that the deceased had written a letter to the D.C.P. Zone-11, which was received in the D.C.P. Office on 12th January, 2011. In that letter, the deceased had complained about the accused persons and had also complained that one PSI Newse was not rendering any assistance to her. The inaction of the Police in the matter, perhaps led to depression also may be taken as a circumstances or cause leading to the suicide of the said Shabana. Since the Investigating Officer has formed an opinion that the actions of the accused persons have led to Shabana's committing suicide, then he shall examine whether the attitude of PSI Newse and the inaction of D.C.P. Zone-11 had also led to the commission of suicide and take further appropriate action in accordance with law. Report of further action taken, if any, be submitted to this Court. 5. In the circumstances, however, the Applicant needs to be released on bail. Considering all the relevant aspects of the matter, I am inclined to release the Applicant on bail. 6. The Bail Application is allowed. 7. The Applicant is ordered to be released on bail in the sum of Rs.30,000/-, with one surety in like amount, or two sureties in the sum of Rs.15,000/- each. [A.M. THIPSAY, J.]