IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD 930 ANTICIPATORY BAIL APPLICATION NO. 1462 OF 2026 GULCHAND SUKHDEV KOLHE VERSUS THE STATE OF MAHARASHTRA AND ANOTHER Mr. S. J. Salunke, Advocate for Applicant Mr. S. B. Jadhav, APP for Respondents/State CORAM : R. M. JOSHI, J. DATED : 24th SEPTEMBER, 2026 PER COURT :- 1. The Applicant seeks pre-arrest bail in connection with Crime No. 293/2026, registered with Kallam Police Station, District Dharashiv, for the offences punishable under Sections 108, 115(2), 352 read with Section 3(5) of the Bharatiya Nyaya Sanhita. 2. The First Information Report indicates that the wife of the deceased, who committed suicide on 09.07.2026, lodged the report alleging that, despite the deceased having repaid the money obtained from the Applicant, the Applicant abused and harassed him, which resulted in the deceased committing suicide. 3. Learned Advocate for the Applicant submits that it is a settled position of law that insisting upon repayment of money by a person who has lent 930.aba1462.26.odt 1 of 3 2026:BHC-AUG:43615 money to the deceased does not, by itself, amount to the offence of abetment of suicide. He drew the attention of the Court to the First Information Report, which, according to him, does not indicate any incident of assault having been committed by the Applicant upon the deceased. Having regard to these facts, it is submitted that custodial interrogation of the Applicant is not necessary. 4. Learned APP opposed the grant of any protection to the Applicant by referring to the First Information Report as well as the statements recorded during the course of investigation. It is pointed out that, on the fateful day, at about 5:00 p.m., the Applicant had abused and assaulted the brother and mother of the deceased. This, according to the learned APP, was followed by a threat being extended to the deceased. It is submitted that there is a connection between the two incidents and that they occurred within a proximate period of time. 5. There cannot be any dispute with regard to the submission canvassed by the learned Advocate for the Applicant that a person who lends money has a right to seek repayment thereof. That, however, cannot be construed as conferring upon such person a right to recover the money by assaulting, threatening or abusing the borrower. 6. In the present case, the allegations made in the First Information 930.aba1462.26.odt 2 of 3 Report, duly supported by the statements of the witnesses, indicate that on 09.07.2026, at about 5:00 p.m., the present Applicant abused and assaulted the brother and mother of the deceased. It is further alleged that, at about 9:00 p.m. on the same day, the Applicant threatened the deceased. Thus, there is material on record indicating that the acts attributed to the Applicant were of such nature as to have compelled the deceased to end his life. 7. The two incidents occurred within a short span of time and were followed by the deceased committing suicide. At this stage, there is sufficient material indicating the involvement of the present Applicant in the alleged offence. Once such involvement is prima facie found in a serious offence, merely because custodial interrogation may not be necessary, the Applicant cannot, in the facts of the present case, be granted protection. Hence, the application stands dismissed. ( R. M. JOSHI, J.) ssp 930.aba1462.26.odt 3 of 3