ORDER : V.M. Deshpande, J. 1. Heard Mr. Joydeep Chatterji, the learned Counsel for the Applicant, Mr. Amol Jagatkar, the learned Additional Public Prosecutor for the State and Mr. Ajit Gaikwad, the learned Counsel for assist to Additional Public Prosecutor. 2. The present Applicant is apprehending his arrest in connection with Crime No. 12 of 2019 registered with Kannad City Police Station, Kannad, Dist-Aurangabad for the offence punishable under Sections 306, 506 and 34 of the Indian Penal Code and under Section 39 and 45 of the Maharashtra Money-Lending (Regulation) Act, 2014. Learned Additional Public Prosecutor has also made available to me the suicide note and the statement of the witnesses. 3. Deceased in this case, is Bhausaheb Kashinath Ghuge. He committed suicide on 16th January, 2019, by hanging himself at hotel "Ramkrushna Mahal" in room No. 103 situated at Kannad. The First Information Report is lodged by Suresh, brother of the deceased. 4. From the First Information Report it is clear that last telephonic talk between him and the deceased took place on 15th January, 2019. On 16th January, 2019, the first informant get telephonic call from Bhagwan Kande and others, and accordingly from his place of residence i.e. village Mehgaon, he went to Kannad. There Ramesh Ghuge met him and disclosed that Bhausaheb has committed suicide by hanging himself in the hotel. It is also stated in the First Information Report that Ramesh Ghuge told him that police have disclosed that there is suicide note, in which it is stated that the present applicant and other co-accused persons were torturing him and therefore he has taken extreme step of his life. 5. Learned A.P.P. has made available the suicide note. Paragraph-2 of the said suicide note pertains to the nature of accusations made against the present applicant. It shows that the deceased has taken diesel on credit from the present applicant and towards the security the deceased has issued certain cheques in favour of the present applicant. Though those cheques were for security purpose, the said cheques were presented by the applicant in the Bank and Bankers of the deceased have dishonoured those cheques, therefore proceedings under Section 138 of the Negotiable Instruments Act are initiated against the deceased. 6. Except this, there are no other allegations in the suicide note so far as the present applicant is concerned. 7.
6. Except this, there are no other allegations in the suicide note so far as the present applicant is concerned. 7. Whether the cheques issued by the deceased were for security purpose or not, that will be decided by the learned Magistrate in whose Court the proceedings under Section 138 of the Negotiable Instruments Act are permissible. However, by this act at least, prima facie, it cannot be said that the applicant has aided or abetted the deceased to commit the suicide. That leads me to pass the following order: ORDER (I) The Application is allowed. (II) In the event of arrest of the applicant - Subhash s/o. Ramgopal Bharuka, in connection with Crime No. 12 of 2019, registered with Kannad City Police Station, Kannad, Dist-Aurangabad, for the offence punishable under Sections 306, 506, 34 of the Indian Penal Code and under Sections 39 and 45 of the Maharashtra Money-Lending (Regulation) Act, 2014, the applicant shall be released on bail on he executing P.R. Bond of Rs. 10,000/- with one solvent surety. (III) The applicant shall attend the Police Station on 15th March, 2019, 16th March, 2019, 17th March, 2019 and 18th March, 2019, and shall be with the Investigating Officer from 11.00 a.m. to 5.00 p.m. and shall extend full co-operation to the Investigating Officer. (IV) Beyond this period if the Investigating Officer needs further presence of the present applicant, then in that event, it shall be open for the Investigating Officer to call the applicant, however, prior to that he shall give a clear-cut 48 hours written communication to the applicant. (V) The Application stands disposed of, accordingly.