- (1.)HEARD the learned counsel appearing for the Applicants, learned counsel for the original complainant and the learned APP for the State.
(2.)THE Applicants in both the Criminal Applications apprehen their arrest in a complaint filed against them in connection with the offence punishable under Section 306 r/w section 34 of the Indian Penal vide CR No.89 of 2009 registered with Wadivhare Police Station, Tal.Igatpuri, Dist. Nashik.
It is alleged in the complaint, which has been filed by one Subhash Balu Pandagle, that the deceased left the house on 11th September 2009 and his body was found hanging on a tree on 12th September 2009. A suicide note was found in his pocket which was dated 8th September 2009. It is also alleged that the present applicants had cheated the deceased and had on the basis of representations and assurances given which were given executed agreement for sale and had filed civil cases against the deceased. It is also alleged that applicant Shashikant Shinde had filed a criminal case against the deceased and had demanded Rs.Ten lacs as compensation. It is also stated that the applicant Balasaheb Rahade had illegally started stone crushing mill in the land of the deceased and therefore it is stated in the suicide note that these applicants were responsible for the death of the deceased.

Shri Mundergi, the learned senior counsel appearing for the applicant Balasaheb Rahade submitted that the father of the complainant owned about 21 acres of land and initially an agreement for sale was executed in 1994 by the deceased with the wife of the applicant Balasaheb Rahade and he had agreed to sell seven and half acres of land out of 21 acres of land owned by him. In 1997 the applicant Rahade started stone crushing mill. Thereafter by an unregistered agreement, ten acres of land was agreed to be sold in favour of the brother of the applicant Balasaheb Rahade by the power of attorney holder of the deceased. The deceased had also agreed to sell some more land to the other applicant Shashikant Shinde. Since the deceased did not executed the sale deeds in respect of the said lands, the wife of the applicant Rahade had filed a civil suit being Civil Suit No.404 of 2007 for specific performance and other consequential reliefs. Interim relief was also granted in favour of the wife of the applicant Rahade. The deceased had also filed a civil suit being Civil Suit No.479 of 2007 and had taken out an application for interim relief. However, the said application was rejected by an order dated 12/12/2008. The Applicant Shashikant Shinde also had filed a criminal case of cheating against the deceased and an arrested warrant was issued. The applicant Shashikant Shinde had also claimed compensation of Rs.Ten lacs. It is therefore submitted that there was a dispute pending between the applicants and the deceased for since last two years and the deceased left the house on 11th September 2009, committed suicide on 12th September 2009 and he was carrying suicide note dated 8th September 2009. It is, therefore, submitted that the suicide was not direct result of quarel and dispute between the parties which was going on for last two years. It was further submitted that the suicide note left by the deceased shows that the deceased was in great stress and depression and that he was frustrated man. It was, therefore, submitted that the ingredients of section 306 of the Indian Penal Code could not be attracted in such a case and that it could not be said that the Applicants had abetted the deceased in committing suicide or had instigated him to commit suicide within the meaning of section 107 of the Indian Penal Code.

(3.)ON the other hand, the learned counsel appearing on behalf of the original complainant, submitted that the deceased died as a direct result of various acts of the applicants which had forced him to commit suicide. He further submitted that the applicant in any case was not entitled to get anticipatory bail. He invited my attention to the suicide note and submitted that the deceased had narrated entire facts of the alleged action of the applicants herein which has culminated in deceased committing suicide.
The learned APP appearing on behalf of the State supported the submissions made by the learned counsel for the original complainant.