Application for pre-arrest bail in an offence under S. 306 IPC. Court observed no evidence shows applicants abetted the student's suicide. Bail granted.
Pre-arrest bail granted on personal bond of Rs. 20,000/- with one surety.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
VPH
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPLICATION No. 8 OF 2008
Tanaji Ankush Kadam
Applicant
vs.
The State of Maharashtra Respondent
Mr. A. P. Mundargi i/b Ganesh Gole, advocate for the Applicant.
Mr. D. P. Adsule, APP for the respondent.
CORAM : D. G. KARNIK, J.
DATE : FEBRUARY 12, 2008
PC
. In this application, the applicant seeks pre-arrest
bail in connection with the crime, registered with Matunga Police Station in C. R. No. 2 of 2008 in respect of an
offence punishable under S. 306 read with Section 34 of
Indian Penal Code.
| 2. | The | prosecution | case | in brief | is that | the | |||
|---|---|---|---|---|---|---|---|---|---|
| applicants | are | working | as | t | eachers | in R |
aja | Shivaji | |
| Vidyalaya, | Hindu | Colo |
ny, | Dadar | , | Mumbai. | On | 11th | of |
| October | 2007 | one | pupil | by | name | Rohan | Rajapurkar | came | to |
| the | class | aft | er the prayers at about 9.30 a.m. |
The |
|---|---|---|---|---|
| applicant | No.2 | who is the class teacher told Rohan to |
go | |
| home | as | his |
name was removed on account of in |
discipline. |
| Rohan | did | n |
ot go home immediately but stayed on |
play |
| ground | and | returned home after usual school hours. |
Rohan | |
| came | to | the | School on 12th of December 2007, but |
instead |
| of | coming | to the class stayed on the school ground. |
On | |
| 13th | of | Decem | ber 2007 at about 2.15 p.m. when Rohan |
was |
| watching | Kaba | ddi game on the school ground, the |
applicant | |
| No.2 | told | th | e watchman to remove him from the |
school |
| premises. | The | watchman accordingly removed Rohan fro |
m the |
|
| school | p | remises | after giving one slap on his back. |
About |
| fortnight | thereaft | er, on 28th December 2007 Rohan |
is |
|
| alleged | t | o | have committed suicide on railway track. |
On |
| the | First | Information Report lodged by the parents |
of |
Rohan, an offence has been registered against the present
applicants.
| 4. | Learned | APP su | bmits that state | ments | of 3 students | ||||
|---|---|---|---|---|---|---|---|---|---|
| have | been re |
corded | on 16th |
of | January | 2008 | and | all | the |
| three | students | hav | e narrated |
the | incidents |
of |
11th | and | |
| 13th | December | 2007. | Assum | ing | that the |
inci |
dents | of | 11th |
| and | 13th Dec |
ember | 2007 ha |
ve | occured, | there | is | no | evidence |
on record to show that the alleged suicide was committed
by Rohan on account of the said incidents.
| 5. | There is not | hing o | n reco | rd to show t | hat applica | nts | |||
|---|---|---|---|---|---|---|---|---|---|
| abetted | the | suicide | by | Rohan. | The | death of |
Rohan | is | |
| certainly | unfortunate | . | However, | merely | on account |
of | the | ||
| fact | that | Rohan | has | died | on |
a rail |
way track, it |
cannot | be |
| said | that | he | com | mitted | suicide |
and |
to further |
con | clude |
that the suicide was abetted or caused on account of the
two incidences of 11th and 13th December.
| 6. | The offen | ce under se | ction 306 of the | Indian | Penal | ||
|---|---|---|---|---|---|---|---|
| Code | is | not | punish | able with |
impris | onment for life |
or |
| death, | but | pun |
ishable | with imp |
risonmen | t which may |
extend |
| upto | ten | years. | Ta | king into |
cons | ideration the nature |
of |
| evidence | availabl | e and |
also |
taking | into consideration |
the | |
| fact | that | inves | tigation | is almos |
t co |
mplete the arrest |
of |
| applicants | would | not | result | in | further material |
being | |
| brought | on | reco | rd, re |
garding | complici | ty of the app |
licants. |
| On | the | other | hand, | arrest of |
the | applicants may resul |
t in |
| depriving | other | students | the b |
enefits | of education |
which |
they are imparting. In my view the applicants are
entitled to bail. Hence, I pass the following order.
| 6. | In the | event of a | rrest of | applicants o | r any of them | |||
|---|---|---|---|---|---|---|---|---|
| in | connection | with | the | crime | mentioned | above, | each | of the |
| applicants | shall | be | re | leased | on bail |
on |
furnishing |
personal bond in the sum of Rs. 20,000/- with one surety
in the like amount.
| 7. | This order shall com | e to an | end after c | harge she | et | ||
|---|---|---|---|---|---|---|---|
| is filed, |
whereafter the |
ap | plicants | may, | if | they | so desire |
| approach | the regular |
Court | for | bail. | If | such | application |
| is made, |
the appropr |
iate | Court | shall | consider | the | same on |
its own merits, without being influenced by any of the
observations herein as they are only prima-facie.
Sd/[ D. G. KARNIK, J.]
2 issues framed by the court
Whether pre-arrest bail should be granted in a cheque dishonour case where the investigation is almost complete and arrest may disrupt the applicants' work.
Whether the alleged suicide of a student can be attributed or abetted by the applicants based on disciplinary incidents.
1 provisions across 1 enactments
Tanaji Ankush Kadam
The State of Maharashtra
D. G. KARNIK
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
