Sharad Pandit Damodhar Vs the State of Maharashtra

2] Perused FIR. It is not disputed that the deceased had committed suicide. Cause of death is Asphyxia due to drowning. The husband is accused of the offences punishable u/ss. 498-A and 306 of IPC. As far as offence punishable u/s.498-A of IPC is concerned, their appears to be prima facie case against the applicant. However, I am doubtful as to whether the allegations made in the FIR and the statements of witnesses prima facie

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constitute an offence punishable u/s.306 of IPC. To constitute an offence u/s 306 of IPC, there must be intentional commission of some act or some omission which could sufficiently responsible for instigating the deceased to commit suicide. Reading of the FIR and the statements do not indicate that there was such an intention on the part of the applicant. Presumption u/s 113-A of Indian Evidence Act will not help the prosecution in the present case, as the suicide has been committed after seven years of the marriage.

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3] As such, in brief, there is prima facie case u/s 498-A of IPC. However, the application of Section 306 of IPC is questionable and therefore, I am inclined to grant bail.

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4] Applicant be released on bail in the sum of Rs.Five Thousand with one solvent surety in the like amount. He shall not leave jurisdiction of trial Court without prior permission of the trial Court.

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5] Application stands disposed of.

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[M.L.TAHALIYANI,J.]

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umg/

Sharad Pandit Damodhar v. the State of Maharashtra

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Sharad Pandit Damodhar v. the State of Maharashtra

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