Nana Bapu Shelke And Another v. The State Of Maharashtra

1 916-ABA-1489-22.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD ANTICIPATORY BAIL APPLICATION NO.1489 OF 2022 NANA BAPU SHELKE AND ANOTHER

VERSUS

THE STATE OF MAHARASHTRA AND ANOTHER ...

Mr. Rajendra Sampatrao Sadaphule, Advocate for Applicant Mr. N. T. Bhagat, APP for Respondents - State ...

CORAM : NITIN B. SURYAWANSHI, J.

DATE : 30th NOVEMBER, 2022 PER COURT :

1.

Applicants apprehend their arrest in Crime No.0685/2022, registered with Sangamner City Police Station, Ahmednagar, for offence punishable under Sections 306, 323, 504 and 506 of the Indian Penal Code.

2.

It is alleged in the FIR that applicants are in-laws of deceased Somesh. Applicants used to harass Somesh on account of his wife's illicit relation with other person. Applicants gave beatings to Somesh and Somesh took the harassment as insult because of which he was defamed in society and therefore, he committed suicide.

3.

Heard learned advocate for applicants and learned Additional Public Prosecutor for respondents - State. Perused the investigation papers.

2 916-ABA-1489-22.odt 4.

On going through investigation papers, prima facie, ingredients of abetment are not made out. Applicants have attended concerned police station and cooperated in the investigation. Investigation is almost complete. Custodial detention of applicants is, therefore, not warranted in the facts of present case.

5.

In that view of the matter, application is allowed in terms of interim order passed by this Court on 11/11/2022. Till filing of charge-sheet, applicants shall attend concerned police station as and when called by Investigating Officer and shall not tamper prosecution evidence.

(NITIN B. SURYAWANSHI, J.) SVH