1 Cri.A.2480.11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 2480 OF 2011 1. Dr.Surendra S/o Vinodkumar ostwal, Age: 33 Years, Occup.: Medical Practitioner, R/o House No. 280, Adinath Soceity, Satatra Road, Pune. 2. Dr.Virendra S/o Vinodkumar ostwal, Age: 37 Years, Occup.: Medical Practitioner, R/o As above ...APPLICANTS. VERSUS 1. The State of Maharashtra, and others. ...RESPONDENTS. ... Shri. S.G.Ladda, Advocate for Applicants. Shri. N.H.Borade, A.P.P. for Respondent No.1 Shri.A.P.Basarkar,Advocate for Respondent NO.2. ... CORAM: T.V.NALAWADE, J. DATE : 12TH JULY, 2011. PER COURT : 1. This application is filed for anticipatory bail, in Crime No. 57 of 2011, registered with MIDC, CIDCO Police Station, Aurangabad for the offence punishable under section 306 read with section 34 of the Indian Penal Code. APP has made available the papers of investigation. Both 2 Cri.A.2480.11 sides are heard. 2. Crime is registered on the basis of report given by father of the deceased. The material collected by the Police is mainly in the form of suicide notes left behind by the deceased. In the suicide note, the deceased had contended that present applicants had taken Rs. 14,76,000/- from him and the amount was given during the two years preceding to the date of incident for getting employment. He has written in the suicide note that more amount of Rs.2,00,000/- was demanded by the applicants and after that he paid Rs.50,000/- and some how. He has contended that threat was given if remaining amount was not given, the amount already received by the applicants would not be returned. No appointment order in respect of the job was given to him. In the suicide note it is disclosed that an amount of Rs.6,00,000/- was taken by him from friends and others on interest basis and he was continuously demanding this amount from present applicants. It is written in the suicide note that due to insistence to give remaining amount, the cheques were given by him. These cheques were used and notice was given to him and Court matter is made in respect of the cheques. It is written in the suicide note that men of the applicants had given threat that he should not demand the amount back. He has written in the suicide note that due to this circumstance, he was harassed and as his parents are 3 Cri.A.2480.11 handicapped, he was not able to see the condition of the parents, who were also being harassed. It is written in the suicide note that he had taken decision to commit suicide due to aforesaid circumstances and for his suicide present applicants and one Vinodkumar Ostwal needs to be held responsible. 3. In suicide note addressed to the parents he begged for forgiveness to parents, as he was committing suicide. He has written that he became indebted due to Vinodkumar Ostwal and the present applicants. In the suicide note he has requested to his parents not to return loan taken by him. 4. Police papers include statement of witnesses like Vivek Gunjkar and his statement shows that for getting employment deceased was collecting money and he had informed that he had already given Rs.13,00,000/- to the present applicants, but he was in need of Rs.2,00,000/- more. His statement shows that in his presence amount of Rs. 1,00,000/- was handed over and all aforesaid three persons were present there. In the second suicide note more particulars are given and allegations are made that on the date of incident he was intercepted by the applicants at Chikalthana and they had asked him to hand over Rs.50,000/- more. 4 Cri.A.2480.11 5. Advocate for the applicants submitted that three cheques of Rs. 10,000/- each were given by the deceased to the father of applicants as he had taken loan of Rs. 30,000/-. The Copies of the three cheques and copy of so-called promissory note are produced. He submitted that statutory notice was given before filing the case under section 138 of the Negotiable Instruments Act, and it was not replied. He submitted that allegations made in the suicide note does not appear to be probable in nature and on the other hand there is record in support of the case of the applicants and their father. It was submitted that applicants are from Pune, they are Doctors and Police should not need custodial interrogation in such a case. 6. At present there are two suicide notes of the deceased and they need to be given importance under section 32(1) of the Evidence Act. Though, it is true that source of the amount allegedly given by the deceased to the applicants needs to be investigated but that is a part of investigation. It is necessary for police to make enquiry in that regard. In any case, at present there are suicide notes against the applicants. Advocate for the applicants submitted that section 107 of the I.P.C. cannot be invoked in view of the nature of the allegations. There is allegation that deceased was harassed and as his parents are handicapped, he was feeling that he was left with no other alternative than to finish his life. Thus, at 5 Cri.A.2480.11 this stage the defence taken for the applicants cannot be considered. 7. Further APP submitted that Investigation Officer has given report that applicants are not co-operating, even when they were expected as they had obtained ad-interim relief. Advocate for the applicant submitted that he has produced record of attendance to show that the applicants have attended the concerned Police Station. In view of the circumstances, this Court holds that it is not fit case for granting anticipatory bail. So, application stands rejected. Ad-interim relief granted earlier stands vacated. No further interim relief. Sd/- [ T.V.NALAWADE, J.] MTK