Ravindra S/O Laxman Choudhari And ORS v. The State Of Maharashtra

G.A.Ghule [P.A.] 1/2 cri.appln. 2427.15..sxw

IN THE HIGH COURT OF JUDICATURE AT BOMBAY.

BENCH AT AURANGABAD.

Criminal Appellate Jurisdiction.

CRIMINAL APPLICATION NO. 2427 OF 2015.

RAVINDRA S/O LAXMAN CHOUDHARI & ORS

VERSUS

THE STATE OF MAHARASHTRA Appearance => Mr. B.R. Waramaa, Advocate for the Applicant. Mrs. S.G. Chincholkar, Additional Public Prosecutor for the State of Maharashtra.

CORAM

:

V.M. Deshpande, J.

DATE :

16th June, 2015.

Per Court :- Present Criminal Application is filed by the applicants for grant of anticipatory bail, since they are apprehending their arrest in connection with CR No.2/2014 registered with Police Station, Parola, District - Jalgaon for the offences punishable under Section/s. 306, 504, 506 read with 34 of the Indian Penal Code. [2] Heard Mr. B.R. Waramaa, learned counsel for the Applicants and Mrs. S.G. Chincholkar, learned Additional Public Prosecutor for the State of Maharashtra.

[3] Ananda Lotan Patil has lodged the First Information Report. Said F.I.R. was lodged in respect of suicide of Bapu Randha Patil. Deceased was the uncle of the First Informant. First Information

2/2 cri.appln. 2427.15..sxw Report itself discloses that, offence was registered against deceased Bapu by present Applicant No.4. Said FIR is CR NO.216/13 for the offences punishable under Section/s 376, 420, 395, 406, 363, 366, 120(B), 504, 506 read with 34 of the Indian Penal Code. The said FIR is under investigation. As per the allegations made in the present FIR, present applicants demanded Rs. 3 Lakhs from the deceased for taking back the FIR dated 02/06/2013. In that view of the matter, according to the FIR deceased was taken extreme steps and committed suicide.

[4] Report filed by Applicant No.4 till today is not found to be false one, prima facie. If the report is lodged against the deceased that by itself cannot be said that it is an instigation within the meaning of Section 107 of the Indian Penal Code that said person has committed abetment.

[5] In that view of the matter, no fruitful purpose would be served by granting police custody of the applicants, that leads me to pass the following order :-

ORDER

(1) Criminal Application is allowed.

(2) Order dated 7th May, 2015 stands confirmed.

(V.M. DESHPANDE, J.)