This judgment grants pre-arrest bail to the applicant, wife of an alleged accused, in a case of abetment of suicide. The court held that prima facie, taunting and insults did not amount to instigation to commit suicide, and the applicant was not named in the FIR.
Order granting pre-arrest bail - personal bond of Rs.5,000 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.
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FARAD CONTINUATION
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPLICATION NO. 413 OF 2010
Sou. Hirkan Uddhav Shinde
.. Applicant
V/s
State of Maharashtra
.. Respondent
Office Notes, Office Memoranda of Court's or Judge's Orders
Coram, appearances, Court's Orders
or directions and Registrar's Orders
Mr. Jaydeep D. Mane for the applicants. Mr. S.A. Shaikh, A.P.P. for the State.
CORAM : D.G. KARNIK, J. DATE : 28TH JANUARY 2010
P.C. :
prearrest bail in connection with C.R. No.450 of 2009 registered at Mohol Police Station, District Solapur for an alleged offence punishable under section 306, 323 and 34 of the I.P.C.
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3. The applicant is the neighbour of the
deceased Namrata. Namrata did not conceive a child for about 3 years after the marriage. It is alleged that a few persons in the locality like Udhav Shinde, Hitkan Shinde and Dinkar Shinde taunted her and on account the said insult she committed suicide. The applicant, who is the wife of Udhav Shinde who is alleged to have taunted her, is tried to be roped in as an accused by the police.
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alleged to have taunted and insulted Namrata. Taking this into consideration, in my view, the applicant can be granted bail. Hence, I pass the following order.
ORDER
In the event the applicant is arrested in connection with C.R. No.450 of 2009 registered at Mohol Police Station, District Solapur, she shall be released on bail on executing a personal bond of Rs.5,000/ with one surety of the like amount.
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 regular bail before the court.
It is clarified that all observations made above are prima facie and the Sessions Court shall not in any way be influenced by them at the stage of trial.
(D.G. KARNIK, J.)
2 issues framed by the court
Whether the applicant is prima facie entitled to pre-arrest bail in connection with an abetment of suicide allegation.
Whether the conduct of extending taunts and insults amounts to instigation to commit suicide.
1 provisions across 1 enactments
Sou. Hirkan Uddhav Shinde
State of Maharashtra
D.G. KARNIK
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
