HIGH COURT OF BOMBAY
BABASAHEB BAPURAO KAMBLE AND ANR – Appellant
Versus
THE STATE OF MAHARASHTRA – Respondent
ABA 184/2021
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
ANTICIPATORY BAIL APPLICATION NO. 184 OF 2021
1.
Babasaheb s/o Bapurao Kamble,
Age : 40 years, occu. Service,
R/o Pimpri, Tq. Gangakhed,
District Parbhani
2.
Limbaji s/o Kabaji @ Kabir Bhise,
Age : 55 years, Occu. Agri.,
R/o Pimpri, Tq. Gangakhed,
District Parbhani
APPLICANTS
VERSUS
The State of Maharashtra,
through Police Station,
Gangakhed, Dist. Parbhani
RESPONDENT
AND
ANTICIPATORY BAIL APPLICATION NO. 185 OF 2021
Aadesh s/o Ajay Rudrawar,
Age : 22 years, Occu. Education,
R/o Sarafa Market, Bhagwati Chowk,
Gangakhed , Tq. Gangakhed,
District Parbhani, at present
Chacha Nehru Balgruha,
Near Lalbahadur Shastri School,
Captain Chowk, Degloor Road,
Udgir, Tq. Udgir, District Latur
APPLICANT
VERSUS
The State of Maharashtra,
through Police Station,
Gangakhed, Dist. Parbhani
RESPONDENT
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ABA184-185-2021
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Mr. S.J. Salunke, Advocate for the applicants
Mr. S.W. Mundhe, A.P.P. for the respondent/State
Mr. P.V. Khiste, Advocate to assist the A.P.P.
----
CORAM : MANGESH S. PATIL, J.
DATE :
07.04.2021
PER COURT :
These are separate applications by three different accused from
Crime No.47 of 2021, registered with Gangakhed Police Station, District
Parbhani for the offence punishable under Section 306 read with Section 34
of the Indian Penal Code, seeking bail under Section 438 of the Code of
Criminal Procedure in the event of their arrest.
2.
The FIR has been lodged by the son of the deceased who
committed suicide by leaving behind couple of suicide notes attributing the
cause of suicide to the present applicants. It is alleged that because of the
dispute touching a land, the applicants – Babasaheb and Limbaji were
persistently harassing him. It is also alleged that he was indebted and the
money lender was insisting for payment of more money. It is being alleged
that it is the applicant – Aadesh and his brother had lent him money and
were persistently insisting for more money inspite of repayment of the loan
and triggered his suicide.
3.
Mr. S.J. Salunke, learned Advocate for the applicants in both the
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applications would argue that the applicants are being falsely implicated on
mere suspicion. No offence of abetment as defined under Section 107 of the
Indian Penal Code can be made out even if the allegations are taken to be
true at their face value.
4.
The learned Advocate would submit that though previously some
crime was registered by the deceased against applicant Babasaheb, it was in
the year 2013 and for a long period of seven years, there was no dispute
between the two sides so that the deceased could have been harassed by the
applicants Babasaheb and Limbaji.
5.
As far as the applicant Aadesh and accused Vaibhav are
concerned, Mr. Salunke, learned Advocate points out that both of them are
students. In fact, Vaibhav is even a juvenile in conflict with law. It is
unlikely that they could have lend money to the deceased and could have
harassed him for repayment. Considering all the above mentioned facts and
circumstances and even the suicide notes attributing the applicants with
some acts, those cannot be taken as `instigation’ so as to constitute
`abetment’. The applicants are ready to cooperate the Investigating Officer.
There are no criminal antecedents except the FIR lodged against applicant
Babasaheb seven years back. The applicants would be put to disrepute if
they are sent to custody. The applicants, therefore, be granted anticipatory
bail.
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6.
The learned A.P.P., assisted by the learned Advocate for the
original informant, submits that at this juncture, reference to the contents of
the suicide notes is sufficient to prima facie draw an inference regarding
involvement of the applicants in commission of the crime. The deceased
himself has attributed them having disturbed his mental peace by persistently
threatening him on account of land dispute and demanding more money
inspite of repayment of