The court allowed an application for anticipatory bail, holding that the allegation of removing a chit from the deceased's pocket was an interested version unsupported by evidence, as the deceased died due to acute alcoholic intoxication.
Anticipatory bail granted upon executing P.R. Bond of Rs. 25,000 with two solvent sureties of like amount.
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1 Cr.Apln. 2415.2015
IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD
CRIMINAL APPLICATION NO. 2415 OF 2015
Iqbal s/o Janu Pathan
.... APPLICANT
V E R S U S
The State of Maharashtra .... RESPONDENT
Mr. S.S.Wagh, Advocate for Applicant. Mrs. S.G.Chincholkar, A.P.P. for Resp. – State. Mr. A.D.Aghav, Advocate for first informant.
CORAM : V.M.DESHPANDE, J. DATE : 18th JUNE, 2015
PER COURT :
2 Cr.Apln. 2415.2015
proceedings u/s 174 of Code of Criminal Procedure was registered with police station after the receipt of the intimation of death of Yogiraj in suspicious condition. Said proceedings were registered as accidental death proceedings No. 2/2014. During the course of enquiry about the said death, statements were recorded by the Investigating Officer. Statement of Mangal and her father-in-law Dhuraji were recorded. Their statements would reveal that deceased was habituated to heavy drinking and in spite of all the attempts made by Mangal, it appears that he could not improve himself and continued his habit of said vice. Said statement would reveal that due to the heavy drinking only, according to Mangal and her father-in-law, death of Yogiraj must have been occurred.
Kusum Raosaheb Sonawane, who has no concern whatsoever with the family of the deceased or the present applicant, was also examined by the Investigating Officer in the said enquiry. Her statement was also recorded.
5. In the complaint, an altogether new fact was
3 Cr.Apln. 2415.2015
disclosed by the complainant to the effect that the present applicant has removed one chit from the pocket of the deceased. It appears that the learned trial Court, before whom the application for anticipatory bail was filed by the present applicant, has weighed heavily while rejecting the application for bail filed by the present applicant.
4 Cr.Apln. 2415.2015 (i) Present Criminal Application is hereby allowed. (ii) In the event of arrest, in connection with Crime No. 13/2015 registered with Amalner police station, Dist. Beed for the offences punishable u/s 302,306,201 read with 34 of the Indian Penal Code, applicant Iqbal s/o Janu Pathan be released on anticipatory bail on he executing P.R. Bond of Rs. 25,000/- [Rupees Twenty Five Thousand] with two solvent sureties of like amount. (iii) Present Criminal Application is disposed of.
[V.M.DESHPANDE, J.]
KNP/Cr.Apln. 2415.2015
1 issue framed by the court
Whether to grant anticipatory bail to the applicant apprehending arrest for offences under sections 302, 306, 201 and 34 of the Indian Penal Code.
4 provisions across 1 enactments
Iqbal s/o Janu Pathan
State of Maharashtra
V.M. Deshpande
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
