Lokchand S/O Madanlal Satikar And ORS v. The State Of Maharashtra And ANR

-:(1):- FARAD CONTINUATION SHEET NO.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD.

APPELLATE SIDE JURISDICTION Office Notes, Office Memoranda of Coram, appearance, Court's orders or directions and Registrar's orders.

Court's or Judge's orders.

CRIMINAL APPLICATION NO. 763 OF 2015 LOKCHAND S/O MADANLAL SATIKAR & ORS

VERSUS

THE STATE OF MAHARASHTRA & ANR ...

Advocate for Applicants : Mr. Kulkarni Abhishek G. APP for Respondent Nos.1 and 2: Mr. R. P. Phatke. *** CORAM: T. V. NALAWADE, J.

DATED: 10th MARCH, 2015.

PER COURT:

1.

The application is filed for relief of anticipatory bail. 2.

Both the sides are heard.

3.

This Court has perused the papers of investigation which include two so called suicide notes left behind by the deceased.

4.

The crime is registered on the basis of report given by nephew of the deceased. The deceased was working in the campus of Aurangabad University as Gardner and Cleaner and he was there for about 5 to 6 years. Applicants were his colleagues. The deceased was complaining that for about 10 to 15 days all the applicants were insulting him, teasing him

-:(2):- and applicant Lokchand was giving threats and alleging that the deceased had virtually raped him and he would defame him. They used to call the deceased on phone and used to tease him. Due to aforesaid conduct of the applicants, the deceased had gone into depression and such mental condition of the deceased was noticed by the members of the family. Inquiry was made with him and he had disclosed that the applicants were teasing him and were making fun of him. Ultimately, the deceased committed suicide by hanging himself and he left behind two suicide notes. He has mentioned the names of all the four applicants in the suicide notes and he has contended that they were making false allegations against him and unnecessary defaming him and due to that he was committing suicide. He has mentioned that there was no harassment to him from his family members.

5.

From the material it can be said that there is possibility that some incident had taken place between deceased and Lokchand. Considering this possibility this Court holds that custodial interrogation of Lokchand is necessary. However, in view of the nature of allegations made against the remaining applicants, this Court holds that protection needs to be given to them.

6.

When this Court expressed that this Court is not inclined to grant relief to applicant No.1 Lokchand, learned

-:(3):- counsel for the Applicant Lokchand, on instructions, submitted that he wants to withdraw the application of Lokchand. The application of Applicant No.1 Lokchand Satikar is disposed of as withdrawn. Interim relief granted in his favour stands vacated.

7.

Application of Applicant Nos.2 to 4 is allowed. Interim relief granted in their favour is confirmed. Applicant Nos.2 to 4 are to attend the concerned police station on every Sunday for a period of one month between 09.00 a.m. and 12.00 p.m. and they are to cooperate the police during investigation. [T. V. NALAWADE, J.] Dt.10/03/2015 ans/763