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Asif Sultan Shaikh vs The State Of Maharashtra on 21 September, 2018

925 aba 1947-18.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION

ANTICIPATORY BAIL APPLICATION NO. 1947 OF 2018

Asif Sultan Shaikh ..Applicant

v/s.

The State of Maharashtra . ..Respondents

Mr.Anil G. Lalla a/w. Ms. Beerja Bajwa, Ms. Aanchal Lalla, Ms. Pooja
Yadav and Aman Singh I/b. Lalla Lalla for the Applicant.
Mr. S.S.Pednekar, APP for the State.

CORAM : ANUJA PRABHUDESSAI,J.

DATED : SEPTEMBER 21, 2018.

P.C.

1. This is an application under Section 438 Cr.P.C. filed by the

aforesaid applicant apprehending his arrest in C.R.No.395 of 2018

registered with Chatursinghi Police Station, Pune for the offences

under Section 306 r/w. 34 of IPC.

2. Heard Mr. Lalla, the learned Counsel for the applicant and Mr.

Pednekar, the learned APP for the State. I have perused the records

and considered the submissions advanced by the learned Counsels for

the respective parties.

pps 1 of 4
925 aba 1947-18.doc

3. A perusal of the record prima facie reveals that Afrin, cousin of

the applicant had committed suicide on 16th May, 2018. The father

of said Afrin had lodged the FIR against Afzal, the husband of Afrin

and his other family members, pursuant to which Crime No. 223 of

2018 came to be registered against them for offences under Section

498A and 304B r/w. 34 of IPC. The records prima facie reveal that

said Afzal and his family members were arrested by the police in the

said crime. Said Afzal was released on 24th July, 2018 and he

committed suicide on 29th August, 2018. The first informant Sharif

Mehboob Shaikh has lodged FIR against the present applicant and

his family members for abetting suicide of Afzal.

4. It is the case of the prosecution that the applicant and his

brother Javed and cousin Kalim had demanded Rs.50 lakhs from

Afzal for settling the earlier case. It is alleged that the applicant and

his brother and cousin were constantly pressurizing Afzal to pay the

said amount. It is alleged that Afzal committed suicide on 29 th

August, 2018 because of the pressure and harassment by the

applicant and others. The suicide note allegedly written by Afzal

does not prima facie indicate that the applicant and others had

pps 2 of 4
925 aba 1947-18.doc

demanded money or that he was being pressurized to pay the money

to settle the case. The suicide note prima facie indicate that said

Afzal had committed suicide as he was arrested in previous case and

he felt humiliated and insulted because of his arrest and arrest of his

family members. There is no other prima facie material to indicate

that the applicant had provoked, instigated, goaded, enticed or aided

Afzal in committing suicide or that he had facilitated commission of

suicide.

5. In the light of the above facts and circumstances, in my

considered view, the allegation leveled against the applicant do not

prima facie constitute ‘abetment’ within the meaning of Section of

IPC. Hence, this is not a case which warrants custodial

interrogation. Accordingly the application is allowed on the

following terms and conditions:-

(i) In the event of arrest of the applicant in Crime No.395 of 2018

registered with Chatursinghi Police Station, Pune, the applicant be

released on bail on furnishing PR bond of Rs.30,000/- (Rupees Thirty

Thousand Only) with one or two solvent sureties in the like amount,

pps 3 of 4
925 aba 1947-18.doc

to the satisfaction of the Investigation Officer.

(iii) The applicant shall report to the Investigating Officer for four

days from 1st October, 2018 from 11.00 a.m. to 2.00 p.m. and further

as and when required by the Investigating Officer for the purpose of

investigation and interrogation.

(iv) The applicant shall not tamper with the evidence or interfere

with the complainant and the other witnesses in any manner.

(v) The applicant shall provide his permanent as well as temporary

address, if any, and his contact details to the Investigating Officer.

(vi) The applicant shall not change his residential address without

prior intimation to the Investigation Officer.

(ANUJA PRABHUDESSAI, J.)

Digitally
signed by
Prasanna
Prasanna Pradeep
Pradeep Salgaonkar
Salgaonkar Date:
2018.09.25
15:38:12
+0530

pps 4 of 4

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