Arjun Raosaheb Bhise v. The State Of Maharashtra And Another

1 923-ABA-19-23.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD ANTICIPATORY BAIL APPLICATION NO.19 OF 2023 ARJUN RAOSAHEB BHISE

VERSUS

THE STATE OF MAHARASHTRA AND ANOTHER ...

Mr. Sohail Subhedar, Advocate h/f Mr. N. S. Ghanekar, Advocate for Applicant Mrs. R. P. Gour, APP for Respondents - State ...

CORAM : NITIN B. SURYAWANSHI, J.

DATE : 01st FEBRUARY, 2023 PER COURT :

1.

Applicant apprehends arrest in Crime No.462/2022, registered with MIDC, CIDCO Police Station, Aurangabad, for offence punishable under Section 306 of the Indian Penal Code. 2.

FIR is lodged by Rambhau Salunke alleging that applicant had illicit relations with the wife of his son Akash and the applicant used to threaten Akash with life. Prior to 15 days of lodging the FIR Akash had sent his wife to her maternal house. Applicant threatened him that he should bring back his wife, otherwise the applicant would kill him. Akash was under mental pressure because of the threats given by the applicant and he committed suicide by hanging in the night of 17/12/2022. 3.

Heard learned advocate for applicant and learned SVH

2 923-ABA-19-23.odt Additional Public Prosecutor for State. Perused the investigation papers.

4.

Perusal of FIR and investigation papers, prima facie do not reveal ingredients of abetment as contemplated under Section 107 of IPC. Applicant was granted interim protection and he has cooperated in the investigation. Cell phone of the applicant is already recovered by the police. Nothing is to be recovered from applicant. Investigation appears to be on the verge of completion. In the facts of the present case, pre-trial custodial detention of the applicant is not necessary.

5.

In the result, application is allowed by confirming interim order dated 05/01/2023.

6.

Till filing of charge-sheet, applicant shall attend concerned police station on every Saturday and Sunday, between 10:00 a.m. to 12:00 noon and shall cooperate in the investigation. Applicant shall not tamper the prosecution evidence. (NITIN B. SURYAWANSHI, J.) SVH