Sapna Raju @ Rajesh Gaikwad And ANR. v. State Of Maharashtra

915 ABA-3127-21.doc BDP-SPS-TAC

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BHARAT DASHARATH PANDIT CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 3127 OF 2021 by BHARAT DASHARATH PANDIT Date: 2021.12.23 17:40:48 +0530 1] SAPNA RAJU @ RAJESH GAIKWAD 2] RAJU MADHUKAR GAIKDWAD .....Applicants.

V/s THE STATE OF MAHARASHTRA .....Respondent Mr. Raju D. Suryawanshi for the Applicant.

Ms. Sharmila S. Kaushik, APP for the Respondent/State. API R.P. Pawar, Kalyan Taluka Police Station, Thane (Rural), present. CORAM: NITIN W. SAMBRE, J.

DATE: DECEMBER 23, 2021 P.C.:- 1] Applicants are seeking pre-arrest bail in in C.R. No.593 of 2021 registered with Kalyan Taluka Police Station for the offence punishable under Section 306 read with Section 34 of the IPC 2] Perused the investigation papers.

3] The deceased himself admitted that he has taken hand-loan of Rs 10 lakhs from the Applicants and same was not repaid by him. Since the Applicants were after the deceased for returning of the said amount, it appears that they are named. Considering the investigation and the note left by the deceased, prima facie this Court is not convinced as to why custodial interrogation of the Applicants is 1/2

915 ABA-3127-21.doc warranted. Rather, from the record it appears that the deceased might commit suicide was not the fact within the knowledge of the Applicants.

4] In the event of the arrest of the Applicants in C.R. No.593 of 2021 registered with Kalyan Taluka Police Station for the offence punishable under Section 306 read with Section 34 of the IPC, Applicants be released on bail on furnishing P.R. Bond in the sum of Rs. 15,000/- each with one or more sureties in the like amount. Applicant shall neither directly or indirectly influence the prosecution witnesses nor tamper with the evidence.

5] Application is disposed of.

( NITIN W. SAMBRE, J. ) 2/2