Manoj @ Gundya Kumar Dalvi v. State Of Maharashtra

1 39.2041.16 aba

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE SIDE JURISDICTION CRIMINAL ANTICIPATORY BAIL APPLICATION NO. 2041 OF 2016 Manoj @ Gundya Kumar Dalvi .....Applicant V/s.

The State of Maharashtra ....Respondent Mr. Ramdas A. Shelke Advocate for the Applicant. Mr. Rajan Salvi APP for the State.

CORAM : SMT. SADHANA S. JADHAV, J.

DATED : 13th DECEMBER, 2016.

PC :

1) Heard. This is an application under section 438 of Code of Criminal Procedure, 1973. Applicant herein is apprehending his arrest in crime no. 220 of 2016 registered at Islampur Police Station for offence punishable under sections 306 r/w 34 of the Indian Penal Code. 2) The applicant herein is apprehending his arrest in Crime Registration No. 220 of 2016 registered at Islampur Police Station for the offences punishable under Sections 306 r/w 34 of the Code of Criminal Procedure and under Sections 39 and 45 of the Money Lender's Act. It is the case of the prosecution that Ashok Shivram Petkar lodged the report at Islampur Police ism

2 39.2041.16 aba Station. He had allegedly left a suicide note in which it was stated that he had borrowed some money from the present applicant and he was harassing for recovery of the said money and being fed up of the said harassment, he committed suicide.

3) The learned APP upon instructions submits that applicant herein has abided by the order dated 25/11/2016. Upon perusal of papers of investigation, it cannot be said that the applicant had abetted, instigated or facilitated the commission of suicide. It is in view of this, the order dated 25/11/2016 deserves to be confirmed.

O R D E R

(i) Application is allowed.

(ii) In the event of arrest, applicant be enlarged on bail on furnishing P.R. bond in the sum of Rs. 25,000/- with one or more solvent sureties in the like amount.

(iii) Applicant shall report to the concerned police station as and when called.

(iv) Application stands disposed of.

(SMT. SADHANA S. JADHAV, J.) ism