Bombay High Court
Manoj @ Gundya Kumar Dalvi vs State Of Maharashtra on 25 November, 2016
Author: Sadhana S.Jadhav
Bench: Sadhana S.Jadhav
924.aba.2041.2016.doc
dik
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
ANTICIPATERY BAIL APPLICATION NO. 2041 OF 2016
Manoj @ Gundya Kumar Dalvi ...Applicant
vs
The State of Maharashtra ...Respondent
.....
Mr Ramdas A. Shelke for the Applicant
Mr Rajan Salvi, APP for the Respondent
.....
CORAM : SMT SADHANA S.JADHAV, J.
25 NOVEMBER, 2016
P.C. :
Heard. This is an application under Section 438 of the
Code of Criminal Procedure. Learned APP waives service and
seeks time to take instructions. Time as prayed for is granted.
S.O. to 13 December, 2016.
2 The applicant herein is apprehending his arrest in
Crime Registration No. 220 of 2016 registered at Islampur
Police Station for the offences punishable under Sections 306
r/w 34 of the Code of Criminal Procedure and under Sections 39
and 45 of the Money Lender's Act. It is the case of the
prosecution that Ashok Shivram Petkar lodged the report at
Islampur Police Station. He had allegedly left a suicide note in
which it was stated that he had borrowed some money from the
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present applicant and he was harassing for recovery of the said
money and being fed up of the said harassment, he committed
suicide. Learned advocate for the applicant submits that it
would be such that the applicant had abide instigator for
facilitating commitment of suicide by the deceased for evading
money which he owes the same. The applicant deserves ad-
interim relief. It is hereby directed that the observations are
restricted to the application under Section 438 of the Code of
Criminal Procedure and shall not be taken into consideration for
the purpose of quashing the F.I.R., discharge application or at
the time of trial. Hence, the order.
ORDER
1 By way of an ad-interim relief, in the event of arrest, the applicant be enlarged on bail on furnishing P.R. in the sum of Rs.25,000/- with one or more solvent sureties in the like amount;
2 The applicant shall report to the concerned police station on 5, 6 and 7 December, 2016 and co-operate with the Investigating Officer to the best of his capacity.
3 The application is disposed of accordingly.
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