1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 150 OF 2009 1. Mohd. Gaus Abdul Sattar 2. Jamilabee Abdul Latif Baig ..... Applicants. V/s The State of Maharashtra ...... Respondents. ------ Mr. Sandesh More i/b Mr Naveen Chomal for the applicants. Mr. D.P. Adsule, APP for the State. ------ CORAM : V.M. KANADE, J. DATE : 15th January, 2009 P.C.: 1. Heard the learned Counsel for the applicants and the learned APP for the State. 2. This is an application for anticipatory bail. An offence has been registered against the present applicants under sections 341, 323, 306 read with section 34 of the Indian Penal Code. 3. According to the prosecution, one lady by name Chandbee was residing near the house of the applicants. An obsequial ceremony in respect of father of the applicants was being performed and, at that time, Chandbee tried to go near the fire place where the food was being cooked. 2 4. It is the case of the applicants that Chandbee was mentally disturbed and, therefore, they had an apprehension that if she was allowed to go near the fire place where the food was being cooked, she might hurt herself and, therefore, she was prevented from going near the fire place. Chandbee abused the applicants and other neighbours who had also prevented her from going near the place where the food was being cooked. Chandbee then went home and committed suicide. It is the case of the applicants that her two sisters also had committed suicide and even her brother was mentally and physically challenged. It is, therefore, submitted that prima facie no case is made out by the prosecution for the offence punishable under section 306 of the Indian Penal Code. 5. The learned APP appearing on behalf of the State submits that the bail may be granted for a limited period since investigation is still not completed. 6. In the present case, applicants are not related to deceased Chandbee and, in fact, Chandbee had tried to interfere in the obsequies ceremony since she was proceeding towards the fire place where the food was being cooked. Apart from the applicants, other neighbours had also prevented her from going there since she was mentally challenged. Thereafter, she went home and poured kerosene on herself and committed suicide. In my view, in 3 view of these facts, it cannot be said that the applicants have instigated the deceased to commit suicide. Prima facie case is, therefore, made out for grant of anticipatory bail. The submission made by the learned APP appearing on behalf of the State that bail should be granted for temporary period, in my view, cannot be accepted in the facts and circumstances of this case. 7. Applicants shall, in the event of their arrest in C.R. No.250 of 2007 registered with the Trombay Police Station, Mumbai for the offence punishable under sections 341, 323, 306 read with section 34 of the Indian Penal code, be released on bail in the sum of Rs 5000/- each with one or two sureties in the like amount. They shall report to Trombay Police Station, Mumbai as and when called. 8. Application is disposed of. (V.M. KANADE, J.)