PRAMOD Vs. SAVITA AND ORS.

JUDGEMENT

(1.) Both the applications are filed under sections 439 (2) of Criminal Procedure Code ('Cr.P.C.' for short) for setting aside the orders made of interim nature and the final orders in Criminal Application Nos. 206/2013 and 203/2013 by learned Additional Sessions Judge, Sangamner, District Ahmednagar. The prayer is made for cancellation of temporary bail and bail granted under section 439 of Cr.P.C. in favour of both the respondents No. 1 from the two proceedings. During argument, submission was made that after granting relief by Sessions Court, the chargesheet came to be filed against both the respondents No. 1 from both the proceedings for offence punishable under sections 306 r/w. 34 of Indian Penal Code ('I.P.C.' for short). Both the sides are heard. The leaned APP supported the applications which are filed by the original complainant.

(2.) The deceased was brother of present applicant. There are allegations that respondent No. 1 of the second proceeding had illicit relations with the wife of the deceased, respondent No. 1 of the first proceeding. When the deceased and his relatives realized about unchaste behaviour of the wife of deceased, the deceased questioned his wife about it. There are allegations that respondent No. 1 from the second proceeding then gave threat of life to the deceased. The respondent No. 1 was thinking that deceased was coming in the way of respondent No. 1 in keeping relations with the wife of deceased. It is contended that the wife of the deceased had admitted that she had kept such relations. The deceased then committed suicide by hanging himself in a room from a lodge. He has left behind a suicide note in which he has disclosed the aforesaid circumstances and he has contended that the respondents are responsible for his suicide. He has requested for taking action against them.

(3.) To both the wife of the deceased and other respondent, the learned Additional Sessions Judge had initially granted relief of anticipatory bail. The said orders were challenged in Criminal Application Nos. 4231/2013 and 4232/2013 by present applicant in the proceedings filed under section 439 (2) of Cr.P.C. By the order dated 25.11.2013, this Court had allowed those applications and the orders of anticipatory bail were set aside and the relief was cancelled. In the petition filed for Special Leave to file Appeal (Cri.) viz. 9925/2013 and 9931/2013, the Hon'ble Apex Court made the following order :-