Bombay High Court
Shaberao Keda Ahire vs The State Of Maharashtra on 22 December, 2020
Author: Sandeep K. Shinde
Bench: Sandeep K. Shinde
Rane 1/4 ABA-955-2020 (SR.9)
22.12.2020
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
ANTICIPATORY BAIL APPLICATION NO. 955 OF 2020
Sahebrao Keda Ahire ....Applicant
V/s.
The State of Maharashtra ....Respondent
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Mr. Aniket Nikam i/by. Mr. Aashish Satpute,
Advocate for the applicant.
Mr. Yogesh Dabke, APP for State.
CORAM : SANDEEP K. SHINDE, J.
Tuesday, 22nd December, 2020.
P.C . :
1. Heard learned Counsel for the applicant and learned APP for State.
2. Apprehending arrest in connection with Crime No.I-100/2020 registered with Mokhada Police Station, District-Palghar under Section 306 read with Section 34 of the Indian Penal Code, Principal of Rane 2/4 ABA-955-2020 (SR.9) 22.12.2020 Government Ashram School is seeking a pre-arrest bail.
Deceased, Tulsidas was working as Cook in government ashram school at Village-Chaas. Tulsidas committed suicide by hanging in the school and left behind a suicide note. Thereupon, wife alleged that, the applicant and Superintendent of the Ashram School instigated the deceased to commit suicide.
3. Learned Counsel for the applicant, has taken me through the complaint and would submit that the allegations on the face of it, do not suggest that the applicant by his acts and/or omissions, instigated or abated to commission of suicide.
4. Learned APP has produced a zerox copy of the suicide note dated 25.10.2020. I have perused it. It reads; that the applicant and Superintendent were 'harassing' him and therefore he committed suicide. Rane 3/4 ABA-955-2020 (SR.9) 22.12.2020 However, mere allegations of harassment of the deceased would not suffice, unless there be such action on the part of the applicant which compelled the person to commit suicide.
5. So far as allegation that, the applicant and co-accused were harassing and asking the deceased to do some work, other than the official work and threatening to suspend him, if not done, is the matter of investigation. Today, the Investigating officer is not present and therefore the APP is unable to assist the Court.
4. In the circumstances, list the application for further consideration on 5.1.2021.
5. APP is directed to produce the investigation record on the next date of hearing.
Rane 4/4 ABA-955-2020 (SR.9) 22.12.2020
6. In the meantime, the State shall not arrest the applicant. Stand over to 5.1.2021 for further consideration.
Digitally
signed by
Neeta Neeta S.
Sawant
S. Date:
Sawant 2020.12.24
12:51:58
+0530
(SANDEEP K. SHINDE, J.)