[-1-] IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLN.NO.2554 OF 2008 Shri.Jaisukhlal s/o Purushottam Vaghani ..Applicant Vs. The State of Maharashtra ..Respondent ... Mr.A.P.Mundargi along Racheeta Dhuru Advocate for Applicant Ms.A.T.Jhaveri APP for the State ... CORAM: SMT.V.K.TAHILRAMANI,J. CORAM: SMT.V.K.TAHILRAMANI,J. CORAM: SMT.V.K.TAHILRAMANI,J. DATE : JULY 31, 2008 DATE : JULY 31, 2008 DATE : JULY 31, 2008 P.C. P.C. P.C. 1. Heard the learned senior counsel for the applicant and the learned A.P.P. for the State. 2. The applicant is seeking anticipatory bail in CR No.196 of 2008 of M.H.B. Police Station. The said case is mainly under section 306 of IPC. 3. The complainant is the mother of deceased Sagar. Sagar was working with the present applicant as a delivery man. When persons purchased washing machines from the applicant, Sagar used to deliver the same to customers and he [-2-] started charging money for the trolleys of the washing machines to the customers. Hence, the applicant got upset and he told Sagar to give him Rs.5,000/- or give a cheque of the said amount. It is the prosecution case that applicant also threatened Sagar that he would implicate him in a false case. This happened on 17.7.2008. On 18.7.2008 Sagar committed suicide by jumping into a well. It is the prosecution case that Sagar left behind a suicide note which he had written on 17.7.2008. 4. It is seen that though suicide note has been allegedly written on 17.7.2008, on the next day i.e. on 18.7.2008 in the morning Sagar went to work at 9.30 a.m. He came back and informed the complainant i.e. his mother at about 10 a.m. that the applicant has threatened him that he would implicate him in a false case and he would see that he did not carry on his tempo business. At that time, it was decided between the complainant and Sagar that they would meet the present applicant in the evening. However, at about 3.30 p.m. Hetal who is sister of Sagar, received a call from the applicant wherein he told her that there was no [-3-] need for Sagar to give him any money and he had not encashed the cheque given by Sagar. However, the applicant said that Sagar should return the money of the trolleys to the customers. In view of the call made by the applicant, the meeting in the evening was called off. However, thereafter Sagar committed suicide on 18.7.2008 by jumping into a well. Though Sagar committed suicide on 18.7.2008 and the dead body was found on the very same day, the FIR has been lodged on 23.7.2008 by the complainant i.e. almost five days after the incident. No explanation has been given for the delay in lodging the FIR. This delay itself raises doubt in the mind about the prosecution case. 5. Moreover, it is seen that it is the case of the complainant herself that the applicant had called on 18.7.2008 in the afternoon at 3.30 p.m. and he informed that there was no need for Sagar to pay money nor was he going to encash the cheque given by Sagar. In such case, it is seen that there was no reason for Sagar to commit suicide in the evening of 18.7.2008. 6. As far as suicide note is concerned, it [-4-] is the case of the complainant that she found the said note on 18.7.2008 itself prior to Sagar committing suicide. On perusing the suicide note also, it does not appear that any act of the applicant was the proximate cause of Sagar committing suicide. In this view of the matter, I am inclined to grant anticipatory bail to the applicant. 7. In the event of arrest, the applicant-Jaisukhlal Pursuhottam Vaghani be released on bail in the sum of Rs.1 lakh (Rs. one lakh only) with one or two sureties to make up the said amount. The applicant shall report to M.H.B. Police Station, every day for a period of 15 days starting from 2.8.2008 between 4 p.m. to 7 p.m. and thereafter as and when called. 8. Application is disposed of. [SMT.V.K.TAHILRAMANI, J.] [SMT.V.K.TAHILRAMANI, J.] [SMT.V.K.TAHILRAMANI, J.]