SUBHANA @ SADHU @ CHOUDAPPA SABALE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) IN respect of death of one Vishwanath Nandoba Bapu Kambale which occurred on 29-1-1992 initially the case was investigated by the police as a suicidal death and no action was taken thereafter. However, father of the deceased practically one year after that filed a private complaint in the Court of Chief Judicial Magistrate, Solapur on 6th October 1993 for the offence either under Section 302 or 306 IPC.

(2.) THE learned Magistrate held an enquiry and found that prima facie case for the offence under Section 302 read with Section 34 IPC has been made out. He, therefore, directed summons to be issued to the petitioner and other accused to appear before him. Original accused No. 1 appeared on the date mentioned in the summons personally while other accused appeared through their advocate. The learned Magistrate, however, committed accused No. 1 to the custody. The other accused thereafter namely the petitioners, herein, applied to the Sessions Court for grant of anticipatory bail but the same has been rejected relying upon the decision of the Rajasthan High Court in Rewat Dan v. State of Rajasthan, 1975 Crl.L.J. 691. However, this decision of Rajasthan High Court was considered by a Division Bench of Madhya Pradesh High Court in Ramsewak vs. State of M.P. 1979 Crl.L.J. 1485. The Division Bench differed with the decision of Rajasthan High Court and held that an application for anticipatory bail can lie for directing the committing Magistrate not to commit the accused persons under custody while committing the case to the Court of Sessions.