Navnath Rajebhau Lagdive v. The State Of Maharashtra

2023:BHC-AUG:25436 966.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD ANTICIPATORY BAIL APPLICATION NO. 1778 OF 2023 Navnath Rajebhau Lagdive ....Applicant

VERSUS

The State Of Maharashtra .....Respondent ...

Mr. A. S. More, Advocate for the Applicant.

Mr. S. B. Jadhav, APP, for the Respondent - State. ...

CORAM:R.M. JOSHI, J DATE :DECEMBER 05, 2023 PER COURT :

1.

Applicant apprehends arrest in connection with with C.R. No. 280 of 2023 registered with Osmanabad Rural Police Station, Dist. Osmanabad for the offences punishable under Sections 306 read with Section 34 of IPC of the Indian Penal Code.

2.

First informant is the brother of deceased Jeevan who committed suicide on 01.10.2023. It is alleged in the FIR that the Applicant had illicit relations with the wife of deceased for four years and on that count there used to occur frequent quarrels between deceased and his wife.

966.odt 3.

Learned Counsel for the Applicant submits that even if the contents of the FIR are accepted to be true, no offnece of abetment or instigation to commit suicide is made out.

4.

Learned APP opposed the application.

5.

As rightly argued by learned Counsel for the Applicant even if the allegation is accepted for last four years the Applicant had illicit relations with the wife of deceased that may not become instigation or abetment for commission of suicide. Hence, it is a fit case to protect liberty of the Applicant. Application stands allowed by confirming interim order dated 25th October, 2023.

(R. M. JOSHI, J.) Malani