Allowed

Reshma Rizvan Tamboli v. the State of Maharashtra

Bombay HC27 Jan 2010APPLN/301/2010

Case brief

AI extract

What is this about?

An applicant sought pre-arrest bail in a case of alleged abetment to suicide under Section 306 IPC. The court held that prima facie facts do not disclose an offence, stating the suspect's suicide might stem from his own depression, and granted bail.

What did the court decide?

Released on bail on executing a personal bond of Rs.10,000 with one surety for two months or until charge-sheet.

Reshma Rizvan Tamboli Vs the State of Maharashtra — Murder and Culpable Homicide | Bombay HC (2010)

abs

FARAD CONTINUATION

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

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CRIMINAL APPELLATE JURISDICTION

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CRIMINAL APPLICATION NO. 301 OF 2010

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Reshma Rizwan Tamboli .. Applicant V/s State of Maharashtra .. Respondent

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Office Notes, Office Memoranda of Coram, appearances, Court's Orders or directions and Registrar's Orders

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Court's or Judge's Orders

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Mr. Jaydeep D. Mane for the applicant. Mr. Amit Sale for the original complainant. Mr. M.R. Tidke, A.P.P. for the State.

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CORAM : D.G. KARNIK, J. DATE : 27TH JANUARY 2010

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P.C. :

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By this application, the applicant seeks

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prearrest bail in connection with C.R. No. 259/2009 registered at Barshi Town Police Station, District Solapur for an alleged offence punishable under section 306 of the I.P.C..

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Brief facts are that one Mr. Rizwan,

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brother of the complainant, went to his house and found his wife Reshma and a stranger together and therefore suspected that there was illicit relationship between them. On account of that suspicion and perhaps depression arising out of it, he committed suicide. Brother of Rizwan lodged an F.I.R. about the incident. The police registered an offence against the wife (the applicant) under section 306 of the I.P.C.

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Prima facie, the facts do not disclose an offence under section 306 of the I.P.C. as the suspicion of the applicant having illicit relationship with a stranger may be a motive for him to commit suicide and, prima facie, the applicant cannot be an abettor for the suicide. In the circumstances, in my view, the applicant can be granted prearrest bail. Hence, I pass the following order:

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ORDER

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In the event the applicant is arrested in connection with C.R. No.259/2009 registered at Barshi Town Police Station, District Solapur, he shall be released on bail on executing a personal bond of Rs.10,000/ with one surety of the like amount.

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This order shall remain in force for a period of 2 months or till the chargesheet is filed whereafter the applicant may, if she so desires, apply for bail before the regular court.

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It is clarified that all observations made above are only prima facie and the Sessions Court shall not in any way be influenced by them at the stage of application for bail or at the stage of trial.

Reshma Rizvan Tamboli v. the State of Maharashtra

Case brief

What is this about?

What did the court decide?

Reshma Rizvan Tamboli v. the State of Maharashtra

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

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