2012 ALL MR (Cri) 68
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
R.C. CHAVAN, J.
Manohar Laxman Gavandha Vs. The State Of Maharashtra
Criminal Application No. 930 of 2011
23rd November, 2011
Petitioner Counsel: Mr. NITIN SEJPAL
Respondent Counsel: Smt.V.R. BHOSALE
Criminal P.C. (1973), S.438 - Anticipatory bail - Grant of - Offence of abetment to commit suicide and hurt - Victim was married to applicants niece - Applicant alleged to have beaten up victim for not sharing expenses of treatment of his niece - Dead body of victim found after eight days - There was a chit in pocket of victim alleging that applicant among others was responsible for victims suicide - No material showing as to how applicant is required to be in custody for purpose of investigation into alleged offence - Anticipatory bail granted to applicant subject to conditions. (Paras 2, 3)
Cases Cited:
Siddharam Satlingappa Mhetre Vs. State of Maharashtra And Ors., 2010 ALL SCR 2725=Special Leave Petition (Cri.) No.7615 of 2009 Dt.2/12/2010 [Para 3]
JUDGMENT
JUDGMENT :- Heard the learned counsel for the respective parties.
2. This is an application for anticipatory bail by a person, who apprehends arrest in connection with FIR No.I-35 of 2011 for the offences punishable under Sections 306, 323, 506 read with Section 34 of the Indian Penal Code registered with Jawahar Police Station. The victim was married to applicant's niece, Yogita and they were residing separately about one year prior to the incident. Yogita was not well. The applicant is alleged to have asked the victim to share expenses of treatment of Yogita and on this count is alleged to have beaten up the victim on 18th October, 2011. The victim was missing from 19th October, 2011 and his dead body was found on 26th October, 2011. There was a chit in the pocket of the victim which alleged that the applicant among others was responsible for the victim's suicide. The learned APP states that the chit has been sent to the hand writing expert. Even if the allegations are taken at face value, it is not clear as to how the applicant is required to be in custody for the purpose of investigation into alleged abetment to commit suicide by the applicant. Therefore, application is allowed. In the event of arrest, applicant be released on bail on his furnishing P.R.Bond of Rs.20,000/- with one or more solvent sureties in the aggregate sum of Rs.20,000/- on the following conditions.
(i) The applicant shall report at the Jawahar police station on 25th November, 2011 at 11.00 a.m. and thereafter, as and when required by the investigating officer.
(ii) The applicant shall make himself available for interrogation by a police officer as and when required.
(iii) The applicant shall not, directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer.
(iv) The applicant shall not leave India without the previous permission of the Court.
3. Criminal Application is disposed of.
The order will remain in force till the trial is over with the only stipulation that if charge sheeted the applicant may furnish fresh bonds before the trial Court in view of the Judgment of the Supreme Court dated 2nd December, 2010 delivered in Special Leave Petition (Cri.) No.7615 of 2009 : [2010 ALL SCR 2725 ] (Siddharam Satlingappa Mhetre vs State of Maharashtra And Ors.).