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2022 Supreme(Bom) 1303

VINAY JOSHI
Ganpatrao Janardhan Patil – Appellant
Versus
State Of Maharashtra – Respondent


Advocates appeared:
Mr. Hrishikesh Mundargi A/W Ms. Pravada Raut, Advocates, for the Appellant; Ms M. R. Tidke, APP, Mr. Ramesh Badi A/W, Mr. Ajay Bhise, Advocate, Mr. Sagar G. Patil, Api, Shiroli Midc Police Station, for the Respondent.

ORDER

1. In anticipation of arrest in Crime No. 63 of 2022, registered with Shiroli MIDC Police Station, District Kolhapur, for the ofences punishable under Sections 305, 504, 506 r/w 34 of the Indian Penal Code and Sections 75 and 87 of the Juvenile Justice (Care and Protection of Children) Act, 2015, the applicant is praying for pre-arrest protection.

2. The bail is claimed on usual grounds. Besides that, it is contended that the allegations at its face value, nowhere discloses adequate mens rea. It is submitted that the applicant being a Chairman and disciplinary authority, his act of reprimanding student cannot be construed as sufcient instigation to commit suicide. The State opposed bail by contending that the applicant's act of humiliating, abusing and continuous harassing student amounts to sufcient instigation. The deceased student committed suicide within few hours from the incident. The applicant has created the circumstance, which caused deceased to end his life. The investigation is in progress, therefore, bail is prayed to be rejected.

3. At the instance of report dated 02nd April, 2022, lodged by the Informant Ramchandra Budkar, the crime came to be registered. The Infor

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