Prakash S/O Ramkrushna Gite v. State Of Maharashtra, Through P.S.O. P.S. Pathrot, Amravati

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR CRIMINAL APPLICATION (ABA) NO.203/2015 Prakash Ramkrushna Gite..vs..State of Maharashtra, thr. PSO PS Pathrot, Dist. Amravati. AND CRIMINAL APPLICATION (ABA) NO.204/2015 Sudhakar Ramkrushna Gite ..vs.. State of Maharashtra, thr. PSO PS Pathrot, Dist. Amravati. AND CRIMINAL APPLICATION (ABA) NO.205/2015 Arun Ramkrushna Gite ..vs.. State of Maharashtra, thr. PSO PS Pathrot, Dist. Amravati. __________________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders of directions Court's or Judge's orders.

and Registrar's Orders.

Mr. Firdos Mirza, Advocate for applicants.

Mr. S. B. Ahirkar, A.P.P. for non applicant-State. CORAM : A.B. CHAUDHARI, J.

DATE :

JUNE 16, 2015.

All the applicants have applied for grant of anticipatory bail in Crime No.43/2015 dated 10.04.2015 registered with Police Station, Pathrot, Dist. Amravati.

Heard learned counsel for the rival parties.

Perused the statements so also suicide note and other evidence. Upon perusal of all the evidence collected by the prosecution, reference of which is made in paragraph 3 of the reply filed by the non applicant State, it is clear that that prima facie case is made out against the applicants and relief of anticipatory bail cannot be granted. Para 3 of the reply reads as under:

"3.

It is submitted that as per the investigation there is prima facie material against the accused persons to show that they have abetted to commit suicide by the deceased as per the following:

(A) Witness:-Sahebrao Thakare (Father), Kishor Thakare (brother), Ramesh Thakare (relative), Punjabrao Thakare relative, Vandana Thakare wife. All these witnesses have specifically stated as per the prosecution as well as continuous harassment pressurizing and beaten by the accused persons and also threatened to kill deceased for refund of hand loan amount. As well as also stated on 23.3.2015 accused Arun and other have beaten deceased after the court case at Akot.

(B) Suicide Note:-That Investigating officer has seized suicide note from the pant pocket of the deceased wherein it is specifically mentioned all the details as per the prosecution case and further specifically mentioned that accused Arun and other accused persons have abetted to commit suicide therefore he has going to take extreme steps of committing suicide therefore the said accused persons are responsible for the said suicide. That Investigating Officer has also

seized ledger book of the deceased which contains hand writing of the deceased."

That being so, there is no substance in the present applications. Hence, Criminal Application Nos.203/2015, 204/2015 and 205/2015 are rejected, reserving liberty in favour of the applicants to apply for regular bail.

JUDGE kahale