Bombay High CourtAfroj S/O Maheboob Sayyad@ Altaf ... vs The State Of Maharashtra on 10 August, 2020Bench: V. V. Kankanwadi(1)\n\n\n           IN THE HIGH COURT OF JUDICATURE AT BOMBAY\n                      BENCH AT AURANGABAD\n\n        ANTICIPATORY BAIL APPLICATION NO.566 OF 2020\n\n 1.       Afroj s/o Maheboob Sayyad @ Altaf\n          Maheboobsaab Sayyad & Anr.      =                       APPLICANT/S\n\n          VERSUS\n\n The State of Maharashtra & Anr.                            = RESPONDENT/S\n                        -----\n Mr.CC Deshpande,Advocate for Applicant/s\n Mr.NT Bhagat,APP for Respondent-State.\n                        -----\n\n                                 CORAM :       SMT.VIBHA KANKANWADI,J.\n                                 DATE :        10th August, 2020.\n PER COURT:-\n\n 1.               Present applicants are apprehending their\n\n arrest in connection with CR No.284/2020 registered\n\n with       Vivekanand           Chowk   Police       Station,           District\n\n Latur        for      the     offence   punishable         under        Sections\n\n 306, 504, 506 read with 34 ofIPC.\n\n\n\n 2.               Heard learned Advocate Shri CC Deshpande\n\n for applicants and learned APP Shri NT Bhagat for\n\n State.\n\n\n\n 3.               In order to cut short, it can be said\n\n that both of them have argued in support of their\n\n respective contentions.                   Learned APP has strongly\n\n\n\n\n::: Uploaded on - 11/08/2020                       ::: Downloaded on - 12/08/2020 02:42:24 :::\n                                           (2)\n\n opposed          the      application,         stating     that       there        is\n\n evidence collected up till now by the Investigating\n\n agency to show that present applicants had abetted\n\n commission of suicide by deceased- Sameer.\n\n\n\n 4.               The information has been lodged by father\n\n of     the      deceased.           It   has     been    stated         that       on\n\n 14.6.2020, the deceased was at home around 12.00\n\n pm.        Applicant No.2 went to his house and called\n\n him      that       they      are   required      to     attend         marriage\n\n ceremony.             The deceased went along with applicant\n\n No.2.         Applicant Nos. 1 and 2 are the friends of\n\n deceased.               While    returning,       applicant           No.2       and\n\n deceased consumed liquor. Thereafter when they were\n\n near the Yeshwant school, at that time, applicant\n\n No.1 and one Aakash Pulpule came on motorcycle and\n\n started disputing with the deceased, by saying that\n\n applicant No.2 has started drinking liquor because\n\n of the deceased.                Applicant No.1 started assaulting\n\n the deceased with a scythe and threatened to kill\n\n was given to him.                   Thereafter, when the deceased\n\n was proceeding to give report about the incident to\n\n police,          at      that   time,      he    was     stopped          by     the\n\n applicants and then he was taken to hospital at\n\n\n\n\n::: Uploaded on - 11/08/2020                       ::: Downloaded on - 12/08/2020 02:42:24 :::\n                                               (3)\n\n Latur and treatment was given to him.                                The deceased\n\n was left at the house around 8.00 pm under the\n\n influence of liquor.                       The informant asked him as to\n\n why it took late for him to come to the home and\n\n why      he      has          come    in     a     drunken     condition;             the\n\n deceased gave all the information to the informant.\n\n The informant had seen the blood-stains and injury\n\n on the person of the deceased. The informant gave\n\n advice to his son that he should not indulge in any\n\n dispute.            But then the informant says that he was\n\n under pressure and                     was not properly talking with\n\n anybody.           He was at home; but under the pretext to\n\n go     out,        he     left        the    house     around         2.00       pm     on\n\n 20.6.2020.               He then returned around 4.00 pm and\n\n told that the present applicants had met him and\n\n given threats that if he discloses the incident to\n\n anybody, then he                      as well as his family members\n\n would be killed.                     After conveying this fact to the\n\n family         members,          the        deceased    went        in     his       room\n\n around 6.00 pm.                      When it was found by the family\n\n members that he was not opening the door, they\n\n forcibly           opened            the    door     and     found         that       the\n\n deceased has committed suicide and thereby the FIR\n\n came to be lodged on 26.6.2020 by the father.\n\n\n\n\n::: Uploaded on - 11/08/2020                            ::: Downloaded on - 12/08/2020 02:42:24 :::\n                                              (4)\n\n 5.               At the outset,it can be seen that, there\n\n is delay of about six days in lodging the FIR.\n\n Further, when                 the    fact    about       his       suicide          would\n\n have been informed by the informant to the police\n\n on the same day, AD would have been registered\n\n underSection 174of Cr.P.C.                            Therefore, question\n\n arises         as     to      why     father      had     not      disclosed           the\n\n entire story, which he has now given as FIR to the\n\n police.\n\n\n\n 6.               Even if we consider the contents of the\n\n FIR as it is, it does not require physical custody\n\n of the applicants for the purpose of investigation\n\n as     nothing          is      required       to   be       seized         at      their\n\n instance.            Under such circumstance, the application\n\n deserves to be allowed. Hence, following order, -\n\n                                           ORDERi.                The application is hereby allowed;\n\n          ii.               In       the   event         of     arrest          of      the\n\n          applicants - 1) Afroj s/o Maheboob Sayyad @\n\n          Altaf        Maheboobsaab           Sayyad          and     2)     Baba       s/o\n\n          Maheboob Sayyad,                 in connection with                      CR\n\n          No.284/2020 registered with Vivekanand Chowk\n\n          Police Station, District Latur for the offence::: Uploaded on - 11/08/2020                             ::: Downloaded on - 12/08/2020 02:42:24 :::(5)punishable underSections 306,504,506read\n\n          with 34 ofIPC, they be released on PR of Rs.\n\n          30,000/-             with   two   sureties         of      Rs.      15,000/-\n\n          each.iii.             The applicants shall not indulge in\n\n          any criminal activity nor shall they tamper\n\n          with        the       evidence      of    prosecution                in      any\n\n          manner.iv.              They shall remain present before the\n\n          Investigating               Officer      on     every         Monday         and\n\n          Thursday between 10.00 am to 12.00 pm till\n\n          filing of charge sheet.(SMT. VIBHA KANKANWADI,J.)\n\n\n\n BDV::: Uploaded on - 11/08/2020                            ::: Downloaded on - 12/08/2020 02:42:24 :::