Bombay High Court
Hanumant Devidas Tarange And Anr vs The State Of Maharashtra on 4 June, 2019
Author: Sarang V. Kotwal
Bench: Sarang V. Kotwal
1 901-ABA 1196-19
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL ANTICIPATORY BAIL APPLICATION NO.1196 OF 2019
Hanumant Devidas Tarange & Anr ...Applicants
Vs.
State of Maharashtra ...Respondent
Mr. Ranjeet M. Pawar, for the applicants.
Mr. S. H. Yadav, for the State.
CORAM : SARANG V. KOTWAL, J.
DATE : JUNE 04, 2019
P.C.:
1. The applicants are seeking anticipatory bail in connection
with C.R. No.160/19 registered with Indapur Police Station under
Section 306 r/w. 34 of IPC. The FIR is lodged on 2/3/2019.
2. The first informant was the wife of deceased Dadaram. In
her FIR she has mentioned that the deceased had given around
Rs.2,69,000/- to both the applicants from time to time. The applicants
were refusing to repay that amount. On 20/2/2019, in the morning, at
about 10.00 a.m., the deceased went to the applicants to ask for his
money. The applicants refused. It is mentioned in the FIR that in the
evening at around 6.00 p.m. the deceased committed suicide by setting
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himself ablaze in the field of Jaywant Tarange. He was taken to
Indapur Government Dispensary and thereafter to Sassoon Hospital.
Thereafter, on 24/2/2019 he succumbed to his injuries. After that the
first informant lodged her FIR on 2/3/2019.
3. The applicant's anticipatory bail application was rejected by
Additional Sessions Judge, Baramati vide his order dated 1/4/2019.
4. Heard Mr. Pawar, Ld. Counsel for the applicants and Shri.
Yadav, Ld. APP for the State.
5. Ld. Counsel for the applicants submitted that there is no
evidence to show that applicants have taken that amount from the
deceased. In any case not repaying the amount will not amount to
instigation as contemplated under Section 107 of IPC.
6. Ld. APP produced papers of investigation report. The
investigation shows that dying declaration on two occasions were
recorded. The first dying declaration was recorded on 21/2/2019 by
police constable attached to Sassoon Chowki. In that dying declaration,
the deceased had stated that he has committed suicide because he was
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unable to repay the amount which he had taken from his friends and
others to the tune of Rs.1,000/- & 2,000/-. He has clearly mentioned
that he had tried to commit suicide on that ground.
7. The second dying declaration was recorded on 23/2/2019.
His statement was recorded before police constable attached to Loni-
Kalbhor Police Station. In this statement he has given details regarding
the payment made to the applicants by him. Such payments were made
from 22/4/2018 to 11/10/2018. In the said dying declaration he has
further stated that since the applicants were not repaying his amount,
he got angry and in that state of mind he poured kerosene on himself
and set himself on fire.
8. Perusal of these two dying declarations show that in the
first dying declaration the deceased has given the complete different
reason for commission of suicide. That dying declaration was first in
point of time. It was stated in the dying declaration that he himself was
unable to repay the amount which he has taken from his friends. Even
in the second dying declaration he has stated that on non repayment of
the amount by the applicant he got angry and in that state of mind he
tried to commit suicide.
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9. Thus, there are conflicting versions in two dying
declarations. First dying declaration in fact shows the reason in
committing suicide was totally different. Even in the second dying
declaration it is mentioned that the deceased tried to commit suicide in
a fit of anger. Considering these aspects, it is doubtful as to whether
the ingredients of Section 107 as well as of Section 306 of IPC are made
out against the present applicants.
10. In any case, considering the nature of circumstances and
possible evidence, the custodial interrogation of the applicants is not
necessary. Hence, the application deserves to be allowed. The
applicants deserve the relief of anticipatory bail. Hence, the following
order.
ORDER
1. In the event of their arrest in connection with C.R. No.160/19 registered with Indapur Police Station, the applicants are directed to be released on bail on their executing P.R. Bonds in the sum of Rs.25,000/- (Rs. Twenty Five Thousand Only) each with one or two sureties each in the like amount.
2. The applicants shall attend Indapur Police Station Mamta Kale ::: Uploaded on - 06/06/2019 ::: Downloaded on - 06/06/2019 23:06:07 ::: 5 901-ABA 1196-19 on every Saturday between 3.00 p.m. to 5.00 p.m. till filing of chargesheet and shall co-operate with the investigation.
The application is disposed of accordingly.
(SARANG V. KOTWAL, J.) Mamta Kale ::: Uploaded on - 06/06/2019 ::: Downloaded on - 06/06/2019 23:06:07 :::