Shesherao Narsing Pawar And Another v. The State Of Maharashtra And Another
2024:BHC-AUG:3514 1 907-ABA-2046-23.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD ANTICIPATORY BAIL APPLICATION NO. 2046 OF 2023 RAM MAHADEV JADHAV
VERSUS
THE STATE OF MAHARASHTRA AND ANOTHER ...
WITH ANTICIPATORY BAIL APPLICATION NO. 1928 OF 2023 SHESHERAO NARSING PAWAR AND ANOTHER
VERSUS
THE STATE OF MAHARASHTRA AND ANOTHER ...
Mr. Shailendra S. Gangakhedkar, Advocate for Applicant Mr. N.B. Patil,APP for Respondents - State ...
CORAM : NITIN B. SURYAWANSHI, J.
DATE : 16th FEBRUARY, 2024 PER COURT :
1.
Applicants apprehend arrest in in C.R. No. 243/2023, registered with Lohara Police Station, Osmanabad, for offence punishable under Sections 306, 384 r/w 34 of the Indian Penal Code. 2.
FIR is lodged by Yashwant Vasantrao Mule, alleging that his cousin Limbraj Mule has committed suicide on 26/10/2023, due to the harassment of applicants. Applicant Shesharao Pawar is Trustee and applicants Ajay Pawar and Ram Mahadev Jadhav, are headmasters of the school wherein he was working. WhatsApp message allegedly forwarded by deceased to them is also produced by informant along with the FIR. It is alleged that applicants were demanding Rs.50,000/- from deceased by way of extraneous SVH
2 907-ABA-2046-23.odt consideration.
3.
Heard learned APP and learned advocate for applicants. Perused the investigation papers.
4.
It is the case of applicants that deceased was addicted to liquor and he used to consume liquor while coming to the duty at school. Therefore, notice was issued to him. He had also given apology later on 17/04/2023, copy of which is placed on record along with notice issued to deceased. Therefore, prima facie, it appears that because of the action initiated by applicants, deceased has committed suicide. Ingredients of Section 107 of I.P.C. are prima facie not made out, from the papers of investigation. Nothing is to be recovered from applicants. Investigation appears to be on the verge of completion.
5.
In the result, applications are allowed by confirming interim protection granted to applicants by orders dated 10/11/2023 and 14/12/2023.
(NITIN B. SURYAWANSHI, J.) SVH