1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 636 OF 2009 The State of Maharashtra, Through Police Station, Limbgaon, District Nanded. .. .. Applicant (Ori. Complainant) Versus Ramrao Nagorao Kakade, Age : 50 Years, Occu. : R/o Village Kautha, Taluka and Dist. Nanded. .. .. Respondent (Orig. Accused) Shri N. B. Patil, Public Prosecutor for the Applicant/State. Shri R. D. Biradar, Advocate for the Respondent. CORAM : N. D. DESHPANDE, J. DATE : 07TH AUGUST, 2009. ORAL ORDER : 1. Heard Shri Patil learned public prosecutor for the State and Shri R. D. Biradar learned counsel for the respondent/accused. 2. The present application is for cancellation of order dated 2 28.08.2008 passed by learned Additional Sessions Judge, Nanded in Criminal Miscellaneous Application No. 612/2008, thereby allowing the application of respondent/accused granting anticipatory bail. The learned Additional Sessions Judge, Nanded was pleased to direct the accused that, he be released on anticipatory bail on his executing personal bond of Rs. 15,000/- and solvent surety in like amount in Crime No. 27/2008 of Limbgaon Police Station, till filing of charge sheet, in the event of his arrest. The respondent/accused was also directed to remain present before Limbgaon police station on every Sunday between 10.00 a.m. to 4.00 p. m. till filing of the charge sheet and not to tamper prosecution evidence by any mode. 3. The said order dated 28.08.2008 is impugned in this application with further direction that the investigating officer should be permitted to arrest the accused/respondent on the ground that, investigating officer had received complaints of threats of dire consequences given by the respondent/accused for withdrawal of the complaint and the present prosecution. The complainant is a widow namely Shivkantabai W/o Shivaji Gaware of the deceased namely Shivaji Gaware, who committed suicide on 05.08.2008. After a week or so, i. e. on 12.08.2008 widow of deceased Shivaji Gaware/complainant lodged a complaint registering first information report against four persons namely Sakharam Manjaji Kakde, Ramrao Nagorao Kakde, Prabhakar Baliram Gore, Rangnagh Limbaji Gaware. The present respondent/accused is Ramrao Nagorao Kakde, who came to be arrested and who is apprehending prosecution under Section 306, 504, 506 read with Section 34 of the 3 Indian Penal Code. It is alleged that, complainant's husband committed suicide because of the constant harassment by above named four accused for coercive recovery of Rs. 1,65,000/- of loan amount advanced for buying a car, running as a taxi which he could not repay in time and, therefore, he was driven to commit suicide. 4. Perused the application and other papers and documents. Upon consideration of record it is found that there are no specific averrments, no affidavit and no convincing material on record to draw inference that such complaint is well founded. 5. Hence, the present application is devoid of merits. However, liberty is given to the state or the concerned investigating agency to move to Trial Court in case complainant or the prosecution witnesses are continued to receive such threats amounting to tampering of evidence, which is one of the conditions found in the impugned bail order. However, accused/respondent has assured that, there will be no such attempt amounting to tampering of prosecution evidence and they will co-operate during the trial. With these observations the application is disposed of. [ N. D. DESHPANDE, J.] bsb/August 09