Bombay High Court
Shubham Jagdish Ghanvate vs The State Of Maharashtra And Anr on 29 January, 2021
Bench: S. V. Kotwal
20-ABA(st)3124-2020.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
ANTICIPATORY BAIL APPLICATION(ST) NO. 3124 OF
2020
Ashokbhai Surji Gangar .... Applicant
Versus
The State of Maharashtra .... Respondent
ALONGWITH
ANTICIPATORY BAIL APPLICATION(ST) NO. 3821 OF
2020
Shubham Jagdish Ghanvate .... Applicant
Versus
The State of Maharashtra .... Respondent
______
Mr. Subodh Desai a/w Kartik Garg a/w Uma Sharma, i/b
Dharam and Co, for the applicant in ABA St. No. 3124/20.
Mr. Sanjay Patil, for the applicant in ABA St. No. 3821/20.
Ms. Pallavi N. Dabholkar, APP for the State/Respondent.
Mr. Gaurav Shukla for Intervenor in both ABA.
PSI Sushant Varak, Badlapur Police Station present.
______
CORAM :SARANG V. KOTWAL, J.
DATE :29th JANUARY, 2021
P.C. :
1. Both these applications are decided by this
common order because they arise out of the same
offence and same investigation.
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2. Heard Mr. Subodh Desai and Mr. Sanjay Patil,
learned Counsel for the applicants, Ms. Pallavi N.
Dabholkar, learned APP for the State and Mr. Gaurav
Shukla the learned Counsel for Intervenor in both these
applications.
3. The applicants are seeking anticipatory bail in
connection with C.R. No. 178 of 2020 registered at
Badlapur Police Station, District Thane on 15/09/2020
under sections 306, 504 r/w Section 34 of the Indian Penal
Code.
4. The FIR is lodged by father of the deceased in
this case. The FIR is in respect of the suicide committed
by the informant's son on 20/05/2020. In The FIR it is
mentioned that initially the informant and his entire
family including the deceased were staying together.
Since 2004, the informant's son started residing
separately with his wife, son and daughter. He continued
meeting the frst informant. He generally was not happy
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with his life. He claimed that his wife, son and daughter
were responsible for it. It is mentioned in the FIR that
they were constantly harassing him, insulting him and on
certain occasions were assaulting him. On 20/05/2020,
he committed suicide by hanging himself in his own
house. There are allegations in the FIR that the wife of
the deceased was having illicit relationship with applicant
Ashokbhai and daughter Ridhi of the deceased was
having illicit relations with the applicant Shubham. The
deceased was not happy with these relationships. He
had left a suicide note blaming all these circumstances for
committing suicide. There are allegations that both
these applicants were instigating the wife and daughter of
the deceased, against the deceased. The applicant
Ashokbhai used to deposit certain amount in the bank
account of the wife of the deceased and used to have
chats with her late in the night. On these allegations the
FIR is lodged.
5. The learned Counsel for the applicant
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submitted that the allegations in the FIR did not make out
any offence under Sections 107 or 306 of the IPC. The
allegations do no show that the applicants have
committed any act which would fall within the meaning of
defnition of Sections 107 and 326 of IPC. They relied on
the observations made by this Court (Coram:- S.K. Shinde
J.), granting interim protection to the present applicants.
6. The learned APP relied on the papers of
investigation including the suicide note. The learned APP,
on instructions, stated that the allegations that the
applicant Ashokbhai was depositing certain amount in the
bank account of wife of the deceased is not supported by
any evidence.
7. The learned Counsel for the intervenor
submitted that the investigation was malafde and the
intervenor is taking steps by fling Writ Petition in this
Court pointing out the short comings in the investigation.
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8. I have considered these submissions and in
particular I have perused the order passed on 21 st
October 2020 by this Court (Coram:- S.K.Shinde J.). On
that occasion a reference was made to a Judgment of the
Hon'ble Supreme Court in the case of M. Mohan V/s. The
State, represented by the Deputy Superintendent of
Police, as reported in (2011) 3 SCC 626. It was observed
that the applicant and accused No.1 were mature
persons, in the age of group of 40-45 years. Their extra
marital relationship prima facie cannot be considered as a
positive act to infer any instigation on the part of the
applicant. The wife and daughter of the deceased were
arrested and were released on bail. The aspect of
recovery of the text messages, can be taken care of by
directing the applicant to hand over his cell phone.
9. I respectfully agree with the observations made
in that order. The learned APP has stated that the
applicants have co-operated with the investigation and
have attended the concerned Police Station whenever
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called. The applicant Shubham was a friend of daughter
of the deceased. The daughter was an adult. She was
free to choose her friends. In this view of the matter,
custodial interrogation of the applicants is not necessary.
Observations made in this order are restricted to passing
of this Order.
10. Hence the following order.
ORDER
(i) In the event of their arrest in connection
with C.R. No. 178 of 2020 registered with
Badlapur East Police Station,District Thane
the Applicants are directed to be released
on bail on their furnishing PR bond in the
sum of Rs.25,000/- each (Rupees Twenty
Five Thousand Only) with one or two
sureties each in the like amount.
(iii) Both the applications are disposed of
accordingly.
(SARANG V. KOTWAL, J.)
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