Amrut Mahadev Shilimkar v. State Of Maharashtra

6-ABA-611-23.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 611 OF 2023 Amrut Mahadev Shilimkar ...Applicant

Versus

The State of Maharashtra

...Respondent

.........

Mr. Ghanshyam Jadhav a/w Mr. Sumant P.a/w. Rajashri Saket i/b Mr.Shailesh Chavan for the Applicant.

Ms Rutuja Ambekar, APP for the State.

.........

CORAM : N.R. BORKAR, J.

DATED : 21 APRIL 2023 P.C. :- This is an application filed under Section 438 of the Code of Criminal Procedure, 1973 for anticipatory bail. 2.

The applicant is apprehending his arrest in Crime No. 35 of 2023 registered at Rajgad Police Station, Pune for the offences punishable under Section 306 of the Indian Penal Code.

3.

I have heard the learned counsel for the applicant and the learned APP for the respondent-State.

4.

The deceased and the applicant were friends. According to the prosecution, the deceased had borrowed certain amount from the applicant. It is alleged that the applicant was insisting and harassing the MJ Jadhav 1 / 2

6-ABA-611-23.odt deceased to return back the said amount or else transfer the land owned by him in his favour. It is alleged that the deceased got fed up with the alleged harassment and committed suicide.

5.

The learned counsel for the applicant submits that even if the case of the prosecution is accepted as it is, still it would not constitute the offence under Section 306 of the IPC. It is submitted that the applicant without prejudice to his defense is ready and willing to pay the amount of Rs. 4 Lakhs as an ex-gratia amount for the children of the deceased. 6.

Considering the overall facts and circumstances of the case, I am inclined to grant anticipatory bail to the applicant. Hence, the following order is passed:

(i) The Application is allowed.

(ii) In the event of arrest of applicant in Crime No. 35 of 2023 registered at Rajgad Police Station, Pune for the offences punishable under Section 306 of the Indian Penal Code, he shall be released on bail on furnishing PR bond in the sum of Rs. 25,000/- with one or two sureties in the like amount.

(iii) The applicant shall attend the concerned police station as and when called by the Investigating Officer and shall co-operate in the investigation. (iv) The applicant shall hand over the Demand Draft of Rs.4 Lakhs to the complainant, who is present before this Court. ( N.R. BORKAR, J. ) MJ Jadhav 2 / 2