Amit S/O Bhalchandra Domkondwar v. The State Of Maharashtra, Thr., Pso, Ps Dabki Road, Akoka Tq. Dist. Akola

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CRIMINAL APPLICATION (ABA) NO.294 OF 2021 Amit Bhalchandra Domkondwar ...Versus...

State of Maharashtra through P.S.O., P.S. Dabki Road, Tq. and Dist. Akola _______________________________________________________________________________________ Ofce Notes, Ofce Memoranda of Coram, appearances, Court's orders of directions Court's or Judge's order and Registrar's orders.

Shri. D. S. Patil, Advocate for applicant Shri. S. D. Sirpurkar, APP for Respondent/State. CORAM :

N. B. SURYAWANSHI, J.

DATE :

th JUNE, 2021.

Hearing was conducted through Video Conferencing and the learned counsel agreed that the audio and visual quality was proper.

2.

The applicant apprehends his arrest in Crime No.0062 of 2021 registered with Dabki Road Police Station, Dist. Akola for the ofence punishable under Section 306 of the Indian Penal Code.

3.

It is the prosecution case that Accidental Death Case No.08 of 2021 was registered as Sau. Maya Ravi alias Prakash Sable committed suicide by hanging herself on 23.02.2021. A suicide note written by the deceased is found, wherein the deceased has

stated that the applicant had borrowed Rs.18,000/- from her and was not returning the same. The applicant had established physical relations with her and after the marriage of the applicant, he told the deceased to go away from his life and he did not want to see her face. The deceased therefore was compelled to commit suicide. F.I.R. was lodged by brother in-law of the deceased.

4.

Heard the learned Advocate for applicant and the learned Addl. Public Prosecutor for respondent/State. Perused the investigation papers.

5.

During the investigation, a suicide note is seized and the same is forwarded for the opinion of handwriting expert. The entire investigation appears to be complete and the charge sheet is likely to be fled in the near future..

6.

The applicant was granted interim protection vide order dated 07.05.2021 and he has attended the concerned Police Station and cooperated in the investigation. Prima facie, no case of commission of ofence punishable under Section 306 of the Indian Penal Code appears to be made out against the applicant.

7.

In that view of the matter, the application is allowed, in terms of the interim order dated 07.05.2021.

8.

Till the fling of the charge sheet, the applicant shall attend the concerned Police Station as and when called by the Investigating Ofcer. 9.

The applicant shall not tamper the prosecution evidence.

(N. B. SURYAWANSHI, J.) TAMBE