11. Having heard the learned counsel for applicants, the learned A.G.A. for State, upon perusal of material brought on record, evidence, nature and gravity of offence as well as the complicity of applicants and accusation made coupled with the fact that up to this stage, prima facie no such material has emerged on the basis of which it can be definitely concluded that the applicant has abetted, instigated or conspired in the commission of alleged crime, the deceased committed suicide on account of an immediate act of applicant, the various submissions urged by learned counsel for applicant, could not be dislodged by learned A.G.A. or the learned counsel for first informant with reference to the record at this stage, nor they could point out any such circumstances necessitating custodial arrest of applicant durin pendency of investigation the judgement of Supreme Court in Sumit Subhaschandra Gangwal (Supra), the period of incarceration undergone, and also the fact that though the applicant is in custody the police report has not yet been submitted even after expirty of four months as per the submission of learned A.G.A. that investigation is still pending, but without making any comment on the merit of the case, applicant has made out a case for bail.
