1 Cri.A.4599.11+3 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 4599 OF 2011 Rajendra Vitthal Sapkal, Age : 36 Years, Occup.: Service, R/o Bhavan, Tq. Sillod, District Aurangabad. ...APPLICANT. VERSUS The State of Maharashtra, ...RESPONDENT. WITH CRIMINAL APPLICATION NO. 4615 OF 2011 Mohammad Saleem Mohammad Asgar, Age : 45 Years, Occup.:Business R/o Near Jama Masjid, Mulla Galli, Sillod, Tq. Sillod, District Aurangabad. ...APPLICANT. VERSUS The State of Maharashtra, ...RESPONDENT. WITH CRIMINAL APPLICATION NO. 4616 OF 2011 Babu Bhikan Shaikh, Age : 45 Years, Occup.:Business R/o 149 Dr. Zakir Hussain Nagar, Sillod, Tq. Sillod, District Aurangabad. ...APPLICANT. VERSUS The State of Maharashtra, ...RESPONDENT. 2 Cri.A.4599.11+3 WITH CRIMINAL APPLICATION NO. 4617 OF 2011 Shamsherkha Nasibkha Pathan, Age : 40 Years, Occup.:Business R/o Sillod, Tq. Sillod, District Aurangabad. ...APPLICANT. VERSUS The State of Maharashtra, ...RESPONDENT. ... Shri.Joydeep Chatterji, along with Mr. Ranjit Shedge, Mr. B.N.Magar, and Patel Shaikh Ashpak Taher Advocates for Applicants. Shri.B.V.Wagh,A.P.P. for Respondents. ... CORAM: R.Y.GANOO, J. DATE : 11TH NOVEMBER, 2011. PER COURT : 1. Heard learned counsel for both the sides. 2. All these applicants apprehend their arrest in Crime No. I-88 of 2011 of Sillod City Police Station, District Aurangabad for the charge punishable under section 306 read with section 34 of the Indian Penal Code. According to the prosecution, each of the applicant had borrowed 3 Cri.A.4599.11+3 monies from deceased Sanjay, brother of the complainant. According to the prosecution, as monies were not repaid, said Sanjay committed suicide on 22.09.2011. According to the prosecution, non repayment of monies amounts to abatement to suicide. 3. Prima facie, case is made out to protect the applicants on anticipatory bail, as according to the prosecution the monies were borrowed by each of the applicants from deceased Sanjay, and non repayment of the amount, by no stretch of imagination, be equated with abatement of suicide, particularly when said Sanjay could have recovered money by filing suit against each of the applicant, hence each of the applicant is entitled to anticipatory bail. Hence, the following order. . In the event of arrest of each of the applicant in connection with Crime No. I 88 of 2011 registered with Sillod Police Station, 4 Cri.A.4599.11+3 District Aurangabad, they be released on bail in sum of Rs.10,000/-(Rupees Ten Thousand). Each of the applicant shall furnish surety in the like amount. Each of the applicant shall furnish P.R. bond in like amount of Rs.10,000/-(Rupees Ten Thousand). Each of the applicant shall appear before concerned Police Station firstly on 17.11.2011 and thereafter as and when required. . All the Criminal Applications are allowed accordingly. Sd/- [ R.Y.GANOO, J.] MTK