Sunil Trambak Khare v. The State Of Maharashtra

1 Cr. Appln. 1810-2016+

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 1810 OF 2016 Sunil Trambak Khare, Age : 46 years, Occupation : Peon, R/o : Kasampura, Tq. Pachora, District : Jalgaon .. Applicant Vs.

The State of Maharashtra .. Respondents AND CRIMINAL APPLICATION NO. 1959 OF 2016 1] Ajay Sunil Khare Age : 20 years, Occupation : Student, 2] Vijay Sunil Khare, Age : 18 years, Occupation : Student, 3] Sau. Nirmalabai Shamrao Khare, Age : 40 years, Occupation : Household, All R/o : Kasampura, Tq. Pachora, District : Jalgaon .. Applicants Vs.

The State of Maharashtra .. Respondent ---- Mr. Joydeep Chatterji, Advocate for the applicants in both applications Mr. M.B. Bharaswadkar, A.P.P. for the respondent-State in both matters ---- CORAM : M.T. JOSHI, J.

DATE : 12/04/2016 ORAL ORDER :

Heard both sides.

2 Cr. Appln. 1810-2016+ 2.

The present applicants, who are apprehending arrest at the hands of Pimpalgaon Hare Police Station, Dist. Jalgaon in crime no. 13 of 2016 for the offences punishable under section 306, 323, 504, 506 r/w. 34 of the Indian Penal Code, are praying for their release on bail, in the event of their arrest.

3.

Reading of the FIR would show that on 28/02/2016, one Ravindra Yeshwant Khare has committed suicide by hanging himself. The complaint filed by his brother would show that the deceased had two financial problems; one regarding the equal monthly installments to be paid for hire purchase of a tempo and another of giving hand-loan of Rs.3,000/- to one Shamrao Khare. According to the complainant, on 27/02/2016, said Shamrao Khare denied that any such hand-loan was there. He bet the deceased and, thereafter, called 5 more accomplices, including the present applicants, who abused and bet the deceased with fists and kicks. Due to these two problems, according to the complainant, ultimately, the suicide was committed by the deceased.

3 Cr. Appln. 1810-2016+ 4.

Upon hearing both sides and considering the material on record, in my view, the custodial interrogation of the applicants in both these applications is not required.

5.

In the circumstances, the interim protections granted by this Court to the applicant - Sunil Trambak Khare vide order dated 29/03/2016 in Criminal Application No. 1810 of 2016 and to all the applicants in Criminal Application No. 1959 of 2016 vide order dated 04/04/2016, are hereby made absolute on the same terms and conditions.

6.

Both Applications stand disposed of accordingly.

[M.T. JOSHI] JUDGE arp/