1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD. Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions Court’s or Judge’s orders. and Registrar’s orders. CRIMINAL APPLICATION NO.: 3081 OF 2009 Kamlesh Pratapbhai Thakkar and another Versus State of Maharashtra and another *** Mr. A. H. Kapadia, Advocate i/b Mr. H. F. Pawar, Advocate for the Applicants. Mr. K. M. Suryawanshi, A.P.P. for the Respondent/ State. Mr. R. A. Tambe, Advocate for Respondent No.3. *** CORAM: K. U. CHANDIWAL, J. DATED: 23rd SEPTEMBER, 2009. 1. Heard. In an unfortunate event dated 3rd August, 2009, Anil Bihani allegedly committed suicide in the afternoon which, according to his wife Smt. Arti, recorded in her F.I.R. dated 11th August, 2009, was the outcome of humiliation, harassment and persistent threat from the accused and consequently the counsel for the complainant Arti has opposed the bail application. It is informed that even after the incident the threats from the accused are not prevented and they have continued the activities. 2. The case of the accused/ applicant is, there was 2 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD. Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions Court’s or Judge’s orders. and Registrar’s orders. an agreement of sale in respect of 22 Gunthas of land, entered by Anil Bihani and the accused were insisting for execution of sale deed. He was avoiding to do so. A false case of demand of the amount out of some money lending transaction is projected to harass and humiliate the accused/ applicant. 3. At this stage of the matter, perusal of the affidavit of brother of deceased namely Dilip also support about the execution of some agreement though colour of money lending transaction to the same is given. 4. Since nothing is to be recovered from the accused, custodial interrogation by itself will not provide an answer for refusing bail, in the event of arrest. 5. The nature of injuries suffered by Anil could not display that it was an act of somebody else in eliminating him, giving a colour of homicidal death. Taking survey of these facts, the application of 3 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD. Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions Court’s or Judge’s orders. and Registrar’s orders. applicant Kamlesh and Akhil is allowed in following terms. 6. In the event of arrest of the accused/ applicants, in Crime No.I-246 of 2009 registered at Shrirampur City Police Station, district Ahmednagar, they be released on furnishing P.R.Bond and surety in the sum of Rs.25,000/- each [Rupees twenty-five thousand only, each], till filing of charge sheet. 7. The accused/ applicants shall attend the concerned investigator on every Sunday between 10.00 a.m. to 05.00 p.m. till filing of charge sheet. 8. The accused/ applicant shall not directly or indirectly coerce the complainant or her daughter. 9. The observations are prima facie in nature. [K. U. CHANDIWAL, J.] Dated:23/09/2009. ans/3081