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TMI Blog2012 (11) TMI 1331X X X X Extracts X X X X X X X X Extracts X X X X ..... d order dated 04/05/2012 passed on Criminal Application (App.) No. 533/2012 in Criminal Application No. 15/2012 by the Nagpur Bench of the Bombay High Court. 3. The Appellants are original accused 6 and 7 respectively ( accused 6 and 7 , for brevity). Accused-6 is the husband of accused-7 and accused-5 is their daughter. The case of the complainant-Ashok Jairam Bhojane (for short the complainant ), as evident from the F.I.R. dated 10/01/2012 lodged at Police Station, Jaulka, is that his son Nitin (the deceased) was married to accused-5 at Murtizapur in March, 2011. The deceased had given an amount of Rs. 71,500/- to Baban Devlate because Baban Devlate had promised to give job to his brother-Vijay. Baban Devlate had given a cheque of Rs. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... olice Station on 08/01/2012. At the Police Station he came to know that at Chala, which is adjacent to Davha Nalah, the deceased had hanged himself on a tree after consuming poison. According to the complainant the deceased had committed suicide because Baban Devlate had not returned the amount given to him by the deceased for the purpose of securing job for his brother -Vijay and also because of the harassment caused to him by the Appellants, accused 6 and 7 respectively and accused-5. Pursuant to the complaint Crime No. 3/2012 was registered against accused 5, 6, 7 and other accused Under Sections 306, 420 read with Section 34 of the Indian Penal Code. 4. On 12/01/2012 accused 5, 6 and 7 filed an application for anticipatory bail Under ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of discretion. In the circumstances, he quashed the said anticipatory bail order. 6. We have heard, at some length, Ms. Anagha S Desai, learned Counsel appearing for the Appellants-accused and learned Counsel appearing for the State. Counsel for the Appellants submitted that the complaint does not specifically state that the alleged harassment caused by the Appellants was the cause of suicide. The deceased was also stated to be disturbed because Baban Devlate had not returned Rs. 71,500/-. The allegations that accused-5 had taken away gold ornaments, that accused 5, 6 and 7 caused harassment to the deceased and that the accused had threatened the deceased are farfetched. Anticipatory bail once granted ought not to have been cancelled in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... il. When the C.B.I. approached the High Court for cancellation of bail, it was submitted that considering the responsible and high office which the accused therein held and the wide influence which he could wield and the great hardship which the investigating agency would be subjected to while interrogating a person armed with an order of anticipatory bail, the discretion Under Section 438 should never have been exercised in his favour. In the facts of the case before it this Court accepted this submission of counsel for the C.B.I. and observed that in such a case effective interrogation of a suspected person is of tremendous advantage in disinterring many useful informations and also materials which would have been concealed. Success in su ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f justice or abuse of the concession granted to the accused in any manner. This Court has clarified that these instances are illustrative and bail can be cancelled where the order of bail is perverse because it is passed ignoring evidence on record or taking into consideration irrelevant material. Such vulnerable bail order must be quashed in the interest of justice. (See: Dolat Ram v. State of Haryana (1995) 1 SCC 349 and Dinesh M.N. (S.P.) v. State of Gujarat (2008) 5 SCC 66). No such case, however, was made out to persuade learned Single Judge to quash the anticipatory bail order passed in favour of accused 6 7. Order granting anticipatory bail to them, therefore, deserves to be confirmed. We feel that if the conditions imposed by lear ..... X X X X Extracts X X X X X X X X Extracts X X X X
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