High Court
Legal Reasoning
ABA 234/25 & ors.1IN THE HIGH COURT OF JUDICATURE AT BOMBAYBENCH AT AURANGABAD937 ANTICIPATORY BAIL APPLICATION NO. 234 OF 2025 WITHCRIMINAL APPLICATION NO. 671 OF 2025 IN ABA/234/2025SHAIKH SHAHNWAZ ZAHIR AHMEDVERSUSTHE STATE OF MAHARASHTRA AND ANOTHER...Advocate for Applicant : Mr. Patel Fayaz K.APP for Respondents/State : Mr. B.B. Bhise Advocate for assisting APP : Mr. T.M. Venjane...WITHANTICIPATORY BAIL APPLICATION NO. 218 OF 2025WITHCRIMINAL APPLICATION NO. 670 OF 2025 IN ABA/218/2025JAHANGIR TALEB CHAUSVERSUSTHE SUPERINTENDENT OF POLICE AND ANOTHER...Advocate for Applicant : Mr. P.P. MoreAPP for Respondents/State : Mr. B.B. Bhise Advocate for assisting APP : Mr. T.M. Venjane... WITHANTICIPATORY BAIL APPLICATION NO. 251 OF 2025WITHCRIMINAL APPLICATION NO. 666 OF 2025 IN ABA/251/2025GAUSPAK MALIK SAYYEDVERSUSTHE STATE OF MAHARASHTRA AND ANOTHER…Advocate for Applicant : Mr. Birajdar Yogesh G.APP for Respondents/State : Mr. B.B. Bhise Advocate for assisting APP : Mr. T.M. Venjane…CORAM :ARUN R. PEDNEKER, J.DATE :18/03/2025PER COURT : 1.Criminal Application Nos. 666, 670 and 671 of 2025 filed for assisting ABA 234/25 & ors.2APP are allowed. Mr. T.M. Venjane, learned counsel is allowed to assist APP.2.Heard the learned counsel for the applicants, the learned APP for therespondents-State and Mr. T.M. Venjane, learned advocate assisting APP. 3.The applicants in above applications are apprehending arrest inconnection with Crime No. 18/2025 dated 13.1.2025 registered with GandhiChowk Police Station, Latur, District Latur for the offences punishable undersections 108, 3(5) of B.N.S., 2023.4.This Court has granted interim protection to the applicants by notingthe submissions at para Nos.3 to 6 as under:-“3]The learned counsel for the applicants submits thatthe applicants have charged under Section 108 of BharatiyaNyaya Sanhita [Section 306 of the IPC], for having abettedthe suicide of husband of the informant on 10.01.2025. It isstated that the deceased has left various suicide notes andvideo recording stating that the applicants and other threepersons are responsible for his suicide. It is alleged in theFIR that the deceased has taken loan from the applicants atvery high interest. The husband of the informant was unableto repay the said loan, as such, the applicants were insistingand threatening for repayment of loan amount, whichresulted into suicide of the deceased.4]The trial Court, by order dated 31.01.2025 in CriminalBail Application No.25/2025 has noted the allegationsagainst the present applicants, as under :i)Accused 1 Jahangir, accused No.2 Hanmantdespite execution of registered document did not makepayment of Rs.29,00,000/- though he demanded thesame from them, from time to time.ii)Accused 3 Shaikh Shahanawaz repeatedlyharassed deceased for not making payment ofRs.11,00,000/-.iii) Accused Gauspak Sayyed harassed him forpayment of principle amount of Rs.8,50,000/- thoughdeceased already paidRs.20,00,000/-. ABA 234/25 & ors.35]The learned counsel for assisting to the P.P. submitsthat video recording are available, stating that the applicantsand other three persons are responsible for the suicide ofthe husband of the informant. The mobile phones are yet tobe recovered from the applicants, so also, the registered andunregistered documents, which are in the custody of theapplicants, are yet to be recovered from the applicants.Considering the said fact, interrogation of the applicants isnecessary.6]Having considered the rival submissions, prima facie,it appears that the deceased had taken loan from theapplicants and the husband of the informant was not able torepay the loan amount, as such, the applicants demandedthe said amount from the husband of the informant.Thereafter, the husband of informant has committed suicide.The husband of the informant has taken loan from theapplicants individually and he was unable to repay the saidloan amount, the deceased has committed suicide. There arecivil transactions between the parties. Considering the saidfact, prima facie it cannot be said that the applicants haveinstigated or driven the deceased to commit suicide. In viewof the same, the applicants are granted interim protection inthe following terms :-”5.The learned counsel for the applicants submit that in pursuance of theabove order, the applicants have cooperated with the investigation andattended the police station. The learned counsel further submits that inpursuance of the order dated 7.3.2025 again the applicants have attendedthe police station and handed over the documents to I.O. The learned APPhas not disputed the above facts of attendance of applicants to policestation and cooperation with investigation.6.It is stated in the FIR by the informant that husband of the informanthas taken loan from the applicants at very high interest and as the husbandof the informant was unable to pay the loan, it is alleged that, due to
Legal Reasoning
ABA 234/25 & ors.4harassment of the applicant, the husband of the informant has committedsuicide and the applicants are responsible for his suicide.7.Mr. T.M. Venjane, learned counsel assisting APP submits that some ofthe accused i.e. applicant in ABA No. 218/2025 owns certain money to thedeceased and in the event, the applicant in ABA No. 218/2025 has madepayment, the deceased could have in a position to repay the amount takenfrom the applicants and other persons. This submission per say itself couldnot be taken as instigation or driving the deceased to commit the suicide. Itis stated that the sale deed is executed in favour of the applicant in ABA No.218/2025 and only part payment is made and not the balance considerationamount is paid. Considering the above instance, it cannot be said thatapplicant in ABA No. 218/2025 had intention that the deceased shouldcommit suicide. In ordinary circumstances, such transactions take place.8.Considering the nature of offence, prima facie this court is of the viewthat this is a civil matter and the applicants have not instigated or driventhe husband of the informant to commit suicide. At best, it can be said thatsome of the applicants to whom the deceased owed money would beinterested in recovery of money.9.Considering the above, as the allegations as made in the FIR may notsquarely cover provision of section 108 of B.N.S. and thus, the interimprotection granted on 25.2.2025 can be confirmed. 10.In view of the above, the application is allowed and the interimprotection granted on 25.2.2025 is confirmed on the following terms : i]The applicants shall attend the police station as and whenrequired.ii]The applicants shall not tamper with the evidence of the ABA 234/25 & ors.5prosecution in any manner. They shall not influence the informant,witnesses and other persons concerned with the case. iii]The applicants shall co-operate with the investigation and alsoin the proceedings before the trial Court. 11.In the event, the applicants violates any of the conditions specified inthis order, it shall be liable to be cancelled. 12.It is also clarified that the observations made in this order are limitedto the disposal of the present anticipatory bail application and the trial Courtshall proceed further in the matter without being influenced by theobservations made hereinabove. 13.The application stands disposed of. [ARUN R. PEDNEKER, J.]SSC/