Hiralal Yeduji Gatkhane And Others v. The State Of Maharashtra And Another
912-ABA-158-21.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD ANTICIPATORY BAIL APPLICATION NO. 158 OF 2021 1.
Hiralal s/o Yeduji Gatkhane, Age: 53 years, Occu. Service 2.
Durga w/o Hiralal Gatkhane, Age: 42 years, Occu. Household, 3.
Rushikesh s/o Hiralal Gatkhane, Age: 22 years, Occu. Education.
All R/o. House No. 113, Pratapgad Nagar, N-9, CIDCO, MHADA Aurangabad, District Aurangabad.
... APPLICANTS
VERSUS
1.
The State of Maharashtra Through the Police Station Sillod City Taluka Sillod, District Aurangabad.
2.
The Superintendent of Police, Aurangabad, District Aurangabad.
... RESPONDENTS ....
Mr. V. D. Sapkal, Senior Advocate I/b Mr. Ramesh R. Imale, Advocate for applicants Smt. V. S. Chaudhari, APP for respondents Mr. Balraj P. Pande, Advocate for original informant ....
CORAM :
MANGESH S. PATIL, J.
DATE : 17.06.2021 PER COURT :- The applicants are seeking bail in the event of their arrest in connection with Crime No. 15 of 2021 registered with Sillod City Police Station, District Aurangabad, for the offence punishable under Section 306 read with Section 34 of the Indian Penal Code.
912-ABA-158-21.odt 2.
I have heard learned Senior Advocate Mr. V. D. Sapkal for the applicants, Smt. Chaudhari, learned APP for respondent -State and even Mr. Pande, learned advocate for the original informant. 3.
Learned APP, on instructions, clearly states that the deceased had died due to cardiac arrest. Even learned Additional Sessions Judge, while refusing anticipatory bail to the applicants in her order, has made similar observation regarding death being natural. 4.
If such is the state of affair, when it is not a matter of suicide, the offence under Section 306 of the Indian Penal Code, which is abetment of suicide would be out of picture.
5.
The Anticipatory Bail Application is allowed. The ad-interim relief granted by order dated 23rd February 2021, stands confirmed with the same terms and conditions.
Sd/- ( MANGESH S. PATIL ) JUDGE mtk