Dinesh Khandu Deore And Others v. The State Of Maharashtra

2024:BHC-AUG:2224 {1} aba964-23.doc drp

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD ANTICIPATORY BAIL APPLICATION NO.964 OF 2023 Dinesh Khandu Deore and Others APPLICANTS

VERSUS

The State of Maharashtra RESPONDENT .......

Mr. Rahul S. Pawar, Advocate for the applicants Mr. N. B. Patil, APP for respondent - State .......

[CORAM : NITIN B. SURYAWANSHI, J.] DATE : 2 nd FEBRUARY, 2024 ORDER :

1.

Applicants apprehend arrest in Crime No.142 of 2023 registered with Sakri Police Station, District - Dhule for offence punishable under section 306 read with 34 of the Indian Penal Code.

2.

FIR is lodged by Rohini Avinash Bedse contending that applicants Mamtabai and Shantabai are shown as owners of agricultural land purchased by grand father of her husband, in the revenue record. They were not ready to give "No Objection" to husband of informant for mutating his name in the revenue record. Fed up with their non-cooperation and allegedly on the instigation of applicants Dinesh and Vilas, Avinash committed

{2} aba964-23.doc suicide on 4th May, 2023 leaving behind a suicide note implicating the applicants.

3.

Heard learned advocate for applicants and learned APP for the State. Perused the papers of investigation. 4.

Though names of applicants are mentioned in the suicide note, prima facie there does not appear any evidence of instigation on the part of applicants, forcing Avinash to commit suicide. Prima facie, therefore, section 306 of the Indian Penal Code does not seem to be attracted to the facts of the present case. Applicants were granted interim protection and they have co-operated in the investigation. Investigation appears to be on the verge of completion. Nothing is to be recovered from applicants. The application is, therefore, allowed by confirming the interim relief granted on 27th June, 2023. [NITIN B. SURYAWANSHI] JUDGE drp/aba964-23.doc