10crn2975-10 1 IN THE HIGH COURT OF JUDICATURE AT MUMBAI CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.2975 OF 2010 Shri Premchand Gulabchand Nahar. .. Applicant. Vs. The State of Maharashtra .. Respondent. .... Mr.S.B. Talekar, Advocate i/b. Mr.Sachin Dhakephalkar,Advocate for the applicant. Mr.P.S. Hingorani, A.P.P. for the State. .... CORAM : A.R.JOSHI, J. DATED : 09TH JULY, 2010 P.C. 1. Heard rival submissions at length on this application for anticipatory bail preferred by the applicant for his release in the event of arrest in the matter of C.R. No.101 of 2010 registered with Hinjewadi police station, Pune for the offence 10crn2975-10 2 punishable under Sections 306, 507 read with Section 34 of Indian Penal Code. 2. It is rather a peculiar case in which due to alleged harassment, mostly done on the telephonic conversation, a youth aged about 27 years and having a job, committed suicide. The allegations against the present applicant, who is father-in-law of the deceased, are that he constantly coerced the deceased for getting separate residential accommodation and arrange for investment of amount of Rs.5 lakhs in the fixed deposit in the name of his own daughter i.e. wife of the deceased. 3. Admittedly, the deceased was staying at Pune along with his wife i.e. co-accused, and the present applicant was staying at Beed. It is also alleged that due to such constant torture practiced on the deceased, the father of the deceased has arranged for some flat on rental basis and in which deceased and his wife, co-accused, started residing. Apparently, on the day of the incident, when the deceased 10crn2975-10 3 hanged himself by rope to the ceiling fan, there was some telephonic conversation and it was allegedly recorded by the deceased and said mobile is presently in the custody of the police. Transcript of the said alleged conversation has been shown to the Court. It is submitted on behalf of the State that voice samples of the present applicant are required to be obtained in order to ascertain the authenticity of such conversation. Still accepting such telephonic conversations as those of the present applicant with the deceased, still it would be a question that whether on the basis of such talk, allegedly held by the applicant with the deceased, the deceased had no any alternative but to end his life immediately after such conversation. 4. All the same, in the opinion of this Court, custodial interrogation of the applicant is not necessary. So far as assistance to the investigation is concerned, suitable directions can be given to the applicant to assist the police and allow the investigating agency to obtain his voice 10crn2975-10 4 samples. Hence, present application is disposed of with following order :- :: O R D E R :: [i] Criminal Application No.2975 of 2010 for anticipatory bail is allowed. [ii] In the event of arrest of the applicant - Shri Premchand Gulabchand Nahar in C.R. No.101 of 2010 registered with Hinjewadi police station, Pune, he shall be released on bail on his executing a P.R. bond in the sum of Rs.15,000/- (Rs.Fifteen Thousand Only) with one surety for the like amount. [iii] In the event of arrest and on availing the bail, as above, the applicant shall attend the concerned police station on every Monday between 10:00 a.m. to 4:00 p.m. for a period of four weeks after availing the bail. During any such visits to the investigating agency, the applicant shall cooperate with the police for giving 10crn2975-10 5 his voice samples and assist the investigation in any other mode required. [iv] The trial Court shall not be influenced by any observations made in the present order so far as merits of the case are concerned. (A.R.JOSHI,J.)