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Bombay High CourtABA/178/2018others disposed off

Ganesh Kalu Rathod v. State Of Maharashtra, Through Pso, Ps Mahagaon, Tq. Mahagaon, District Yavatmal

2018-04-06Hon'Ble Shri Justice Sunil B. Shukre2 pages

1 aba178.18

IN THE HIGH COUioRT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR Criminal Application (ABA) No. 178 of 2018 Ganesh v. State of Maharashtra - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri D. G. Patil, Advocate for applicant Shri P. S. Tembhare, APP for respondent-State CORAM : S. B. Shukre, J DATE : 6.4.2018 Heard. Perused the reply of the prosecution and the case diary.

Basically, the allegations are about this applicant instigating the deceased to commit suicide and the instigation has been stated to be in the nature of some beating that this applicant gave to the deceased after the deceased refused to return the amount that he won in gambling while playing the game with the applicant. These allegations, apart from prima facie creating a doubt on constituting an offence of abetment of suicide, would not require any custodial interrogation of the applicant. Accordingly, I am of the view that this application deserves to be allowed.

Application is allowed and the interim anticipatory bail granted to the applicant on 21st March 2018 is hereby confirmed on the same conditions with addition that the applicant shall attend the Police Station for a further period of one week between 10.00 am and 12.00 pm and thereafter as and when required by the Investigating Officer.

2 aba178.18 Disposed of.

JUDGE joshi