Bombay High Court
Puja @ Dipali Shivcharan Agarwal vs The State Of Maharashtra on 4 November, 2020
Author: C.V. Bhadang
Bench: C.V. Bhadang
7, 12, 18,19 & 22 aba st 3915-20 grp
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
Sneha CRIMINAL APPELLATE JURISDICTION
N.
Chavan CRIMINAL ANTICIPATORY BAIL APPLICATION (ST) NO. 3915 OF 2020
Digitally signed
by Sneha N.
Chavan
Subhash Nagnath Jadhav .. Applicant
Date: 2020.11.05 V/s.
10:42:57 +0530
The State of Maharashtra ..Respondent
WITH
CRIMINAL ANTICIPATORY BAIL APPLICATION (ST) NO. 3952 OF 2020
Jayant Pandurang Shelake .. Applicant
V/s.
The State of Maharashtra ..Respondent
WITH
CRIMINAL ANTICIPATORY BAIL APPLICATION (ST) NO. 3951 OF 2020
Shivcharan Mulchand Agarwal .. Applicant
V/s.
The State of Maharashtra ..Respondent
WITH
CRIMINAL ANTICIPATORY BAIL APPLICATION (ST) NO. 3948 OF 2020
Puja @ Dipali Shivcharan Agarwal .. Applicant
V/s.
The State of Maharashtra ..Respondent
WITH
CRIMINAL ANTICIPATORY BAIL APPLICATION (ST) NO. 3974 OF 2020
Suresh @ Suryakant Annapa Kokatnur .. Applicant
V/s.
The State of Maharashtra ..Respondent
Sneha Chavan page 1 of 5
7, 12, 18,19 & 22 aba st 3915-20 grp
WITH
CRIMINAL ANTICIPATORY BAIL APPLICATION (ST) NO. 4022 OF 2020
Subhash Guruling Rajmane .. Applicant
V/s.
The State of Maharashtra ..Respondent
WITH
CRIMINAL ANTICIPATORY BAIL APPLICATION (ST) NO. 4025 OF 2020
Soham @ Soham Surendra Gaikwad .. Applicant
V/s.
The State of Maharashtra ..Respondent
----
Mr. Balkrishna Joshi for the Applicant in ABA(ST)/3915/2020
Mr. Aabad Ponda, Senior Advocate a/w Vrushali Maindad for the
Applicant in ABA(ST)/ 3952/2020.
Mr. Aniket Nikam a/w Mr. V.V. Arote for the Applicant in
ABA(ST)/3951/2020 and ABA(ST)/3978/2020.
Mr. V.V. Purwant for the Applicant in ABA(ST)/4022/2020 & ABA
(ST)/3974/2020.
Mr. Ritesh Thobade for the Applicant in ABA(ST)/4025/2020.
Mr. H. J. Dedhia, APP for the Respondent-State in
ABA(ST)/3915/2020 & ABA (ST)/3951/2020.
Mr. Arfan Sait APP for the Respondent-State in ABA(ST)/3952/2020
and ABA (ST)/3974/2020.
Mrs. M.H.Mhatre, APP for the Respondent-State in
ABA(ST)/3978/2020.
----
CORAM : C.V. BHADANG, J.
DATE : 04th November, 2020
(Through Video Conferencing)
P.C.
1. Criminal Anticipatory Bail Application (ST) Nos. 4022 of 2020
and 4025 of 2020 are not on board. The same are taken on board.
Sneha Chavan page 2 of 5
7, 12, 18,19 & 22 aba st 3915-20 grp
2. All these applications are by the accused in Crime No. 1238 of
2020 registered with Jail Road Police Station, Solapur City, District
Solapur under Section 306, 504, 506 of I.P.C. and Section 39 and 45
of the Maharashtra Money Lending (Regulation) Act, 2014.
3. Although, the role played by each of the applicants is
distinguishable on some aspects, it is the common contention raised
on behalf of the applicants, that even assuming that the deceased
committed suicide, the demand allegedly made by the applicants or
the ill-treatment meted out and the coercion practiced cannot
amount to an offence of abetment of suicide under Section 306 of
I.P.C.. It is common contention on behalf of the applicants, that a
person lending money would only be interested in recovery of the
amount and he may not be intending or even knowing that the
person borrowing would commit suicide.
4. For the purpose of said proposition, reliance is placed by Mr.
Nikam, the learned Counsel for the applicant in Cr. ABA No. 3951
and 3948 of 2020 on the decision of the Supreme Court in the case
of Madan Mohan Singh v/s. State of Gujarat and Anr (2010) 3 SCC
(Cri) 1048; the order passed by this court in the case of Santosh
Nathumal Goenka and Ors. v/s State of Maharashtra (Criminal
Sneha Chavan page 3 of 5
7, 12, 18,19 & 22 aba st 3915-20 grp
Application No. 2553 of 2019 decided on 06.10.2009), Milind
Makaji Barate v/s. State of Maharashtra (ABA No. 1020/2016
decided on 21.06.2016) and Sainath Bhiraj Kapse V/s. State of
Maharashtra,(ABA No. 521/2020 decided on 17.07.2020) in order
to submit that in the context of similar allegations it was found
prime facie that the offence under Section 306 is not made out.
5. The learned A.P.P. appearing in these applications have placed
reliance on Section 107 of IPC in order to submit that the abetment
can either be by instigation, engagement in conspiracy or by
intentional aiding, by any act or illegal omission of doing of that
thing. It is submitted that it would be a matter which would depend
upon the facts and circumstances of the case whether the act and
the coercion practiced is of such a degree so as to amount to
intentionally aiding of the act of committal of suicide by the
deceased.
6. The learned APP sought time to assist the court further in the
matter.
7. Having regard to the over all circumstances for the present,
the following order is passed:
Sneha Chavan page 4 of 5
7, 12, 18,19 & 22 aba st 3915-20 grp
ORDER
i) In the event of their arrest, in connection with the investigation of Crime No. 1238 of 2020 registered with Solapur City Police Station, Dist. Solapur, the applicants shall be released on bail on executing a PR Bond in the sum of Rs.25,000/-each with one or two solvent sureties each in the like amount.
ii) The Applicants shall attend the Investigating Officer once in two weeks on Monday between 11.00 a.m. to 1.00 p.m. and as and when required by the Investigating Officer.
iii) The first of such attendance shall be made on 16.11.2020.
iv) The Applicants shall co-operate with the Investigating Agency in all respect and shall not directly or indirectly make any attempt to contact, influence or coerce the complainant and shall not otherwise tamper with the prosecution evidence/witnesses.
v) In the event of breach of any of the conditions, the interim protection is liable to be vacated.
vi) This order shall remain in force till next date.
8. Stand over to 25.11.2020.
C.V. BHADANG, J.
Sneha Chavan page 5 of 5