Allowed

Shalan Vithoba Borade v. the State of Maharashtra

Bombay HC21 Jun 2011ABA/309/2011

Case brief

AI extract

What is this about?

An anticipatory bail application was filed by a medical official accused of abetting the suicide of her subordinate alleged to be a consequence of not granting leave. The court found the allegations absurd and held that denying leave cannot constitute abetment to suicide.

What did the court decide?

Anticipatory bail granted conditioned on executing a personal bond of Rs. 5,000 and appearing for investigation on 27th June 2011.

Shalan Vithoba Borade Vs the State of Maharashtra — Anticipatory Bail | Bombay HC (2011)

ABA 309.11.sxw

JPP

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE SIDE JURISDICTION

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ANTICIPATORY BAIL APPLICATION NO. 309 OF 2011

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Smt. Shalan Vithoba Borade.

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.. Applicant.

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V/s.

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The State of Maharashtra.

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... Respondent.

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Mr. Umesh R. Mankapure for the Applicant. Mrs. G.P. Mulekar, APP for the State.

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CORAM : A.M. THIPSAY, J. DATED : 21^st JUNE 2011.

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P.C. :-

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Heard.

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I have gone through the F.I.R. One Smt. Malan committed suicide on 3.3.2011 by hanging herself. On 10.3.2011, her brother Narayan lodged a report with the Police stating that the said Malan was ill-harassed by six persons, named in the F.I.R., and the present Applicant, who appears to be the Official Superior of the said Malan in the Tikondi Health Centre, where malan was working. There is an allegation in the F.I.R. that the Applicant had not granted leave to the said Malan and had asked her to work on a holiday. It is stated in the F.I.R. that the said six persons, and the Applicant are responsible for the suicide, committed by Malan.

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ABA 309.11.sxw

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A suicide note was left by Malan but, admittedly, she has not held anybody responsible, for her death.

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The allegation in the F.I.R. against the Applicant is, prima-facie, absurd.

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Even if it is held, for argument’s sake, that Malan committed suicide because the Applicant did not grant leave to her, the act of the Applicant - of not granting leave - cannot be construed as abetment to commit suicide.

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considering the nature of the allegation, I am inclined to grant Anticipatory Bail to the Applicant.

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In the event of the arrest in C.R.No.14 of 2011, the Applicant be released on bail by executing a personal bond in the sum of Rs.5,000/- on the condition that she shall remain present before the Investigating Officer and make herself available for investigation/interrogation on 27^th June 2011, and thereafter, as and when required by the Investigating Officer.

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(A.M. THIPSAY,J.)

Shalan Vithoba Borade v. the State of Maharashtra

Case brief

What is this about?

What did the court decide?

Shalan Vithoba Borade v. the State of Maharashtra

Case brief

What is this about?

What did the court decide?

What the court decided

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