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Bombay High CourtABA/713/2020allowed

Ramdas Gopal Ingle And Another v. State Of Mah. Thr. Ps Akot File Tq. And Dist.Akola

2020-12-09Hon'Ble Shri Justice Rohit Baban Deo2 pages

1 aba713.2020

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, AT NAGPUR.

CRIMINAL APPLICATION (ABA) NO. 713 OF 2020 ( Ramdas Gopal Ingle and another ..vs.. State of Maharashtra, through PS Akot File ) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court'

s or Judge'

s orders appearances, Court'

s orders of directions and Registrar'

s orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr. P.W Mirza, Counsel for the applicants, Mr. V.A. Thakre, Addl.P.P. for the non-applicant/State. CORAM : ROHIT B. DEO, J.

DATED : 09-12-2020 Heard.

2.

The applicants are apprehending arrest in Crime 480/2020 registered with Akot File Police Station for offence punishable under Section 306 read with Section 34 of the Indian Penal Code.

3.

I have heard the learned Counsel Mr. P.W. Mirza and learned Additional Public Prosecutor Mr. V.A. Thakre and the case diary is perused.

4.

I am satisfied that the applicants are entitled to pre-arrest protection.

5.

The deceased was the brother of applicant 1 and the uncle of applicant 2. The prosecution alleges that the deceased penned a suicide note. I have perused the suicide note. Even if the contents thereof are entirely

2 aba713.2020 taken at face value, it is difficult to hold that the applicants have instigated the deceased to commit suicide. The basic ingredient of "abetting" is absent. All that is alleged is that applicant 1 took possession of an agricultural field which the deceased was cultivating. However, even according to the deceased, the field was purchased in the name of the son of applicant 1. There is nothing in the case diary to suggest that there was any intention to force the deceased to take the extreme step. 6.

The interim protection granted vide order dated 17-11-2020 is made absolute with the only modification that till the charge-sheet is filed, the applicants shall attend the concerned police station, as and when required by the Investigating Officer.

JUDGE adgokar