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2013 DIGILAW 1551 (BOM)

Dattatraya Prabhakar Avantkar v. State of Maharashtra

2013-08-07

ABHAY M.THIPSAY

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JUDGMENT 1. Heard Mr.Kakasaheb Tandale, the learned counsel for the applicant, and Mrs.S.D.Shinde, the learned APP for the State. 2. The learned APP has shown to me the papers of investigation that has been carried out so far. 3. On 21.6.2013, one Hanumant K. Mhasvadkar, his wife and his daughter, committed suicide by consuming poison. His son Rahul Mhasvadkar lodged a report with Baramati Taluka Police Station, alleging that the suicide had been committed because the deceased Hanumant had been deceived by the present applicant and two others. The first informant supported his allegation on the strength of a suicide note left by the deceased. As per this suicide note, the deceased had paid an amount of Rs.65 Lac to the applicant and two others for securing jobs for various persons. However, as these persons could not get the job, the deceased was under mental stress, and therefore, put an end to his life. 4. Obviously, the amount of Rs.65 Lac allegedly paid to the applicant and two others - one Raju Kulkarni and one Bharti Bodke, did not belong to the deceased. It is not in dispute that these amounts were collected by the deceased from a number of persons by promising them that he would secure jobs for them. The learned APP concedes that the investigation that has been carried out, shows that the persons who had paid the monies had been dealing with the applicant and two others. It, however, appears, that those persons were after the deceased for repayment of the amount. 5. Under the circumstances, the possibility of the deceased having committed suicide because of the demands of the persons, from whom he had collected the monies, to repay the monies to them, cannot be ruled out. Prima facie, that the deceased committed suicide because the monies of others were lost, does not appeal to reason. 6. In any case, the applicant is in custody since 45 days. So far, the investigation agency has not been able to trace where the amount has gone. I am informed that only an amount of about Rs. 1 Lac has been recovered from the applicant. On the contrary, it appears that the deceased himself had purchased some property. Investigation in that regard is in progress. This is a fit case where the applicant should be released on bail. 7. The application is allowed. 8. I am informed that only an amount of about Rs. 1 Lac has been recovered from the applicant. On the contrary, it appears that the deceased himself had purchased some property. Investigation in that regard is in progress. This is a fit case where the applicant should be released on bail. 7. The application is allowed. 8. The applicant is ordered to be released on bail in the sum of Rs.30,000/-, with one surety in the like amount, on the condition to report to the concerned Police station and make himself available for investigation / interrogation, as and when required by the Investigating Officer. Application allowed.