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.
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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
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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,
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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
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