Pankaj S/O. Harishchandra Uaike (In Jail) v. The State Of Maharashtra Thr. P.S.O. Police Station Shegaon, Dist. Buldhana

1 ba512.17

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (BA) NO. 512 OF 2017 (PANKAJ S/O HARISHCHANDRA UAIKE...VS..STATE OF MAH. THR. P.S.O. PS SHEGAON, DIST.BULDHANA) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri L. B. Khergade, Advocate for Applicant.

Shri A. D. Sonak, A.P.P. for Non-applicant.

CORAM : Z.A.HAQ, J.

DATED : 12 th JULY, 2017.

Heard.

The applicant is arrested on 18th May, 2017 in connection with crime registered for the offence punishable under Section 306 read with Section 34 of the Indian Penal Code.

According to the Investigating Agency, because of the intolerable pressure of the applicant and co-accused Jaggu Bhaiyya on the victim to repay the loan and to sell that car of the victim for paltry amount, the victim has committed suicide. The Investigating Agency opposed the application on the ground that there is ample material, including suicide note written by the victim, available with it which shows involvement of the applicant in commission of crime. It is argued that if the applicant is released on bail, he may pressurize the witnesses.

The applicant, aged about 36 years, claims to be a

2 ba512.17 businessman and has stated that he is not involved in any other crime/offence. Though the application is opposed on the grounds as recorded above, the non-applicant has not been able to point out that further custody of the applicant is required for investigation. As far as the apprehension of the Investigating Agency that if the applicant is released on bail, he may pressurize the witnesses, it is of general nature. In the facts of the case, following order is passed: The applicant having been arrested in connection with Crime No.177 of 2017 registered by the non-applicant, he be released on bail on executing P. R. Bond for Rs.50,000/- and furnishing two solvent sureties in the like amount.

The application is allowed in the above terms. JUDGE PBP