Pramod S/O Prabhakar Shejul v. Uttam S/O Ganpat Sumbre And ANR

IN THE HIGH COURT AT BOMBAY

APPELLATE SIDE, BENCH AT AURANGABAD

2. CRI.APPLN/696/2015 WITH CRI.APPLN/700/2015 WITH CRI.APPLN/569/2015 WITH CRI.APPLN/776/2015 In CRI.APPLN/696/2015 WITH CRI.APPLN/775/2015 In CRI.APPLN/569/2015 WITH CRI.APPLN/774/2015 In CRI.APPLN/700/2015 BHIKAJI SHANKAR GARKAL V/S THE STATE OF MAHARASHTRA Mr. Amol S. Sawant h/f. Mr. A.D. Mane, Advocate for applicants. Mr. A.V. Deshmukh, APP for State.

Mr. R.S. Kasar, Advocate for assisting APP.

CORAM : T.V. NALAWADE, J.

DATED : 2nd March, 2015.

ORDER :

1.

The first three applications are filed for relief of anticipatory bail and other applications are filed for permission to assist the learned APP on behalf of the original complainant. 2.

The crime is registered for the offence punishable under sections 306 r/w. 34 of I.P.C. against the applicants in respect of the death of one Pradeep Shejul, who was brother of the complainant. Applicants are colleagues of the deceased. There are allegations against applicants that they were harassing by saying the deceased that he was responsible for

the suicide of one girl. He has left behind one suicide note in which he has blamed the applicants for his suicide and he has contended that they were blaming him for suicide of one girl by name Pooja Mane. He has contended that they were harassing her for about 5 to 6 years, but he could not do anything. 3.

Submissions made on the record show that the said girl committed suicide on 8.1.2014 and report about the said suicide was given on 14.1.2014. In any case, the prosecution is required to prove the abetment as defined in section 107 of I.P.C. Even if the suicide note is accepted as it is and it is considered, this Court holds that it is not desirable to keep the applicants behind bars and the custodial interrogation in this case is not at all necessary.

4.

In the result, the applications filed for anticipatory bail are allowed. Interim relief granted in their favour is confirmed. The applicants are to report the concerned police station on every Sunday between 9.00 a.m. and 12.00 noon for the period of one month from today and cooperate the police during investigation.

5.

The applications filed for permission to assist the

learned APP are allowed and disposed of.

[ T.V. NALAWADE, J. ] ssc/