Pundlik S/O Saluba Suste v. The State Of Maharashtra

1 Application 869/2015

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD Criminal Application No.869 of 2015 Pundlik s/o. Saluba Suste.

.. Applicant.

Versus

The State of Maharashtra.

.. Respondent.

-------- Shri. Ravindra V. Gore, Advocate, for applicant. Shri. R.P. Phatke, Additional Public Prosecutor, for respondent.

-------- CORAM: T.V. NALAWADE, J.

DATE : 3rd MARCH 2015 ORDER:

1) The application is filed for the relief of bail. Both the sides are heard. This Court has perused the papers of investigation.

2) Crime is registered on the basis of report given by Smt. Mankarnabai Holkar. Deceased Sahebrao was her son and he was aged about 24 years. He was married and his widow is dumb and deaf. The family of Sahebrao was living with the complainant. The applicant is resident of the same village.

2 Application 869/2015 3) There are allegations that Sahebrao had done some work in the field of applicant on contract basis. Amount of Rs.12,000/- was due from the applicant to Sahebrao. As the labourers were insisting for making payment, Sahebrao had contacted the applicant for collecting the amount but the applicant had not given money. Sahebrao had somehow collected money to make payment of the labourers. Sahebrao had again gone to the house of the applicant on previous day of the incident. Allegations are made that on that occasion beating was given to Sahebrao by the applicant and his son. Thereafter the applicant and his son took Sahebrao with them for consuming liquor.

4) Sahebrao was living in a separate room of the house. On the next day morning the complainant and others realised that Sahebrao had committed suicide by hanging himself in the said room. Allegations are made that due to the aforesaid conduct of the applicant, Sahebrao committed suicide.

3 Application 869/2015 5) The post mortem report shows that ligature marks were found around the neck and the doctor opined that it is a case of suicide. The applicant is behind the bars since 21st January 2015. It is not certain how much time will take for disposal of the case. This Court holds that it is not desirable to keep the applicant behind the bars till disposal of the case.

6) In the result, the application is allowed. The applicant is to be released on bail in Crime No.I-103/2014 registered in Soyegaon Police Station,District Aurangabad for offence punishable under section 306 read with 34 of the Indian Penal Code on his furnishing PB and SB of Rs.15,000/-. The applicant is not to tamper with the prosecution witnesses. He is not commit similar offences. Sd/- (T.V. NALAWADE, J. ) rsl