Zayed S/O Jawed Shaikh v. The State Of Maharashtra

29-ABA.477.2023.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD ANTICIPATORY BAIL APPLICATION NO.477 OF 2023 Zayed s/o. Jawed Shaikh ..Applicant Vs.

The State of Maharashtra ..Respondent ---- Mr.K.N.Shermale with Mr.Syed. Umar Pasha Quader, Advocate for applicant Mr.N.T.Bhagat, APP for respondent ---- CORAM : R.G. AVACHAT, J.

DATE : APRIL 13, 2023 PER COURT :- This is an application for anticipatory bail. The applicants claim to have apprehension of arrest in connection with Crime No.051 of 2023, registered with Kingaon Police Station, Tq. Ahmedpur, Dist. Latur, for the ofences punishable under Sections 306, 323, 506, 507 read with Section 34 of the Indian Penal Code.

2.

Heard. Perused the First Information Report ("FIR", for short) and the related papers.

29-ABA.477.2023 3.

It is the case of prosecution that the son of the informant had lent some amount to present applicant. When both of them met on 28.02.2023 at 09.00 p.m., the deceased made demand of his money. The applicant expressed his inability to pay back his amount. The applicant, however, ofered him his cellphone. The deceased did not accept the same and questioned, why did he receive the amount when he was not able to pay back. It appears that some quarrel took place between the two. The applicant is alleged to have gave threats to the informant. The deceased was said to have been under stress thereby and therefore, he consumed insecticide and ended his life.

4.

There is no suicide note. It is informed that some video of the talks made by the deceased soon after he consumed insecticide, was made viral by the deceased himself. 5.

The applicant is just little over 18 years of age. From the nature of the ofence, his custodial interrogation appears to be unwarranted.

29-ABA.477.2023 6.

Hence, the following order:- (i) The application is allowed.

(ii) In the event of arrest in connection with Crime No.051 of 2023, registered with Kingaon Police Station, Tq. Ahmedpur, Dist. Latur, for the ofences punishable under Sections 306, 323, 506, 507 read with Section 34 of the Indian Penal Code, the applicant be released on executing P.R. Bond in the sum of Rs.15,000/- (Rupees Fifteen Thousand) with one surety in the like amount, on conditions that :- (iii) The applicant shall attend the concerned Police Station as and when required by the Investigating Ofcer. (iv) The applicant shall not tamper with the prosecution evidence in any manner.

[R.G. AVACHAT, J.] kbp