Panjabrao Pandurang Suryawanshi And Others v. The State Of Maharashtra And Another
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD ANTICIPATORY BAIL APPLICATION NO. 1674 OF 2022
1. Jayantrao Amrutrao Patil
2. Dipak Chandan Patil
3. Shashikant Raghunath Patil .... Applicants
Versus
The State of Maharashtra and another .... Respondents WITH ANTICIPATORY BAIL APPLICATION NO. 1680 OF 2022
1. Anil Lotan Patil
2. Sachin Sanjiv Kate
3. Dinesh Vasant Patil .... Applicants
Versus
The State of Maharashtra and another .... Respondents WITH ANTICIPATORY BAIL APPLICATION NO. 1675 OF 2022
1. Panjabrao S/o Pandurang Suryawanshi
2. Ramesh Vinayakrao Patil
3. Kamlakar Vinesh Patil .... Applicants
Versus
The State of Maharashtra and another .... Respondents ......
Mr. V.D. Sapkal, Senior Advocate i/b Mr. S.R. Sapkal, Advocate for for the Applicants Mr. V.S. Badakh, APP for Respondent Nos. 1 and 2 - State Mr. Vinod jadhav, Advocate h/f Mr. Ashwin V. Hon, Advocate for the Informant ......
[CORAM : NITIN B. SURYAWANSHI, J.] DATE : 11th JANUARY, 2023 ORDER :
1.
The applicants apprehend their arrest in connection with Crime No. 0504 of 2022, registered with Amalner Police Station, District Jalgaon for offence punishable under section 306 read with 34 of the Indian Penal Code.
2.
FIR is lodged by the wife of the deceased alleging that deceased Tushar was appointed on compassionate ground in Sarvajanik Vidyalaya, Sarbete run by Gramvikas Shikshan Sanstha, Mudi. The applicants are managing committee members and employees of the said Sanstha. The said Sanstha is having various branches at Amalner and Parola Taluka. Tushar was transferred on 01.06.2016 at V.Z. Patil High School at Shirud, Taluka Amalner. He was working as a peon. On 11/10/2022, Tushar left the house for depositing fees of his daughter. He was seen under mental pressure. When the informant asked him, he disclosed that the managing committee members of the Sanstha and Secretary are not allowing him to join the duty, and they are demanding Rs.10,00,000/- from him. Tushar committed suicide on the same day. FIR is lodged by the informant on 29/10/2022 against 11 accused persons.
3.
Heard the learned senior advocate for the applicants, learned Additional Public Prosecutor for Respondents - State and learned advocate for the informant. Perused the investigation papers 4.
At the outset, it is required to be noted that no ingredients of abetment are made out in FIR as well as in the investigation papers. There is delay in lodging FIR. Alleged suicide note of the informant states harassment at the hands of applicants as well as close family relatives of deceased as in partition less land was allotted to the share of deceased. 5.
Investigation appears to be almost complete. The applicants were granted interim protection and they have attended the concerned police station and co-operated in the investigation. Nothing is to be recovered from the applicants. Pre-trial custodial detention of the applicants is, therefore, not necessary in the facts of the present case.
6.
The applications are, therefore, allowed by confirming the interim order.
7.
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 prosecution evidence.
[ NITIN B. SURYAWANSHI ] JUDGE S.P. Rane