1 FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT NAGPUR CRIMINAL APPLICATION NO: 2621/ 2009 ( Samadhan Chindhaji Aamzare vs. State of Maharashtra ) Office Notes, Office Memorandum of Coram appearances, Court's orders of directions & Registrar's orders. Court's or Judges Order Mr. NB Kalwaghe Adv.for applicant C ORAM : A.P. BHANGALE, J. DATED : 25th August, 2009. This application was heard yesterday. Mr N B Kalwaghe, learned counsel for the applicant has sought time to take instructions from the applicant as to whether he wants to withdraw this application. Be that as it may, on merits, it may be observed that deceased had made a dying declaration which was recorded by the Executive Magistrate, Akola indicating that the present applicant used to abuse the deceased under the influence of liquor, visiting her house frequently. Disgusted with the behaviour of the applicant, deceased-Suman had poured kerosene on her person and burnt herself. She had also complained about the nuisance from Asha and Devkabai Aamzare. Learned Advocate for the applicant had sought to rely upon the ruling in Deepak vs. State of MP reported in 1994 Cr.L.J. 767 (M.P. High Court ) to argue that in the referred case the accused had entered in the room of the deceased, caught hold of her and asked her to allow him to have sex and when she refused he had threatened to defame and raped her, but did not have sexual intercourse. One hour after the incident, the victim had poured kerosene on her body and set herself ablaze. It was held in the facts of that case that admittedly the deceased had set herself on fire after an hour of the incident. Therefore it cannot be said that the accused had abeted suicide by the deceased. It appears that the case referred to was decided on merits after the evidence was led. It has no relevance to plea of bail, on merits. Considering the 2 accusations made herein, as also the material collected during investigation so far the order u/s 438 Cr. P .C. cannot be used as a shield against serious accusations since the case is still at a preliminary stage of investigation. It is open for the applicant to surrender himself before the regular court and apply for bail. For this reason,the prayer for anticipatory bail is rejected. Interim bail stands withdrawn. JUDGE. sahare