Rohit Rajesh Lidhoriye v. The State Of Maharashtra

{1} drp

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD ANTICIPATORY BAIL APPLICATION NO.1458 OF 2022 Rohit Rajesh Lidhoriye APPLICANT

VERSUS

The State of Maharashtra and Another RESPONDENTS .......

Mr. D. M. Wagh h/f Mr. A. B. Ghule, Advocate for the applicant Mr. A. V. Deshmukh, APP for respondent - State .......

WITH ANTICIPATORY BAIL APPLICATION NO.1350 OF 2022 Dharmendra Krishna Maddalwar and Another APPLICANTS

VERSUS

The State of Maharashtra and Another RESPONDENTS WITH ANTICIPATORY BAIL APPLICATION NO.1351 OF 2022 Manisha Durgesh Shrivas APPLICANT

VERSUS

The State of Maharashtra and Another RESPONDENTS .......

Mr. Sudarshan J. Salunke, Advocate for the applicants Mr. A. V. Deshmukh, APP for respondent - State .......

[CORAM : NITIN B. SURYAWANSHI, J.] DATE : 6 th DECEMBER, 2022 ORDER :

1.

The applicants apprehend their arrest in connection with Crime No. 357 of 2022 registered with Chandanzira Police Station, District - Jalna for the offence punishable under section 306 read with 34 of the Indian Penal Code.

{2} 2.

One Navin Bholaram Aadchitre committed suicide by jumping into Ghanewadi Dam. His suicide note was found in the dickey of his scooter. It is stated in the suicide note that the applicants and others blackmailed him on account of his relationship with one Shweta, wife of applicant Dharmendra and he and one more person named in the suicide note had lodged a false case against him in respect of the said relationship and demanded Rs.20,000/- from the deceased for withdrawal of the said case, which he had paid, however, four accused persons named in the FIR were troubling him. He, therefore, committed suicide. His mother Sunita lodged the FIR, on the basis of which present offence is registered.

3.

Heard learned advocates for the respective applicants and the learned Additional Public Prosecutor for the State. Perused the papers of investigation.

4.

Prima facie, on going through the investigation papers, the ingredients of abatement to commit suicide, are not made out against the applicants. Pre-trial custodial detention of the applicants is, therefore, not necessary in the facts of the present case. The applicants were granted interim protection and were directed to attend the concerned police station and co-operate in

{3} the investigation. The applicants have attended the concerned police station and have co-operated in the investigation. Nothing is to be recovered from the applicants. Investigation in the crime appears to be almost complete.

5.

In that view of the matter, the applications are allowed, by confirming the interim orders.

6.

Till filing of the charge sheet, the applicants shall attend the concerned police station as and when called by the Investigating Officer. The applicants shall not tamper the prosecution evidence.

[NITIN B. SURYAWANSHI] JUDGE drp/aba1458-22