Single judge allowed bail to the applicant charged with culpable homicide (suicide) stating that further detention is unnecessary after considering the factual matrix and lack of evidence of abetting the suicide.
Released on bail subject to performance of a bond of Rs.30,000/-, monthly police appearance, and non-tampering with evidence.
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.
46- BA-553-2021.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION
CRIMINAL BAIL APPLICATION NO. 553 OF 2021
Istekhar Abbasali Shaikh… Applicant
Versus
The State of Maharashtra … Respondent
Mr. Prashant Patil, Advocate for the Applicant.
Ms. M. R. Tidke, APP for the Respondent – State.
CORAM : PRAKASH D. NAIK, J.
DATE: 10th MARCH, 2021
PER COURT:
1.This is an application for bail in connection with C.R.
No. I-123 of 2020 registered with A.P.M.C. Police Station, Navi
Mumbai for offence under Section 306 r/w Section 34 of Indian
Penal Code. The First Information Report was lodged by the brother
of the deceased on 23rd April, 2020. The applicant is arrested on 30th
May, 2020.
2. The case of the prosecution is that, on 20th April, 2020 deceased - Saba comitted suicide by hanging to ceiling fan with Odhani. She was dead. Thereafter, ADR was registered. During Digitally signed by Manish Manish S. Thatte Date: 2021.03.18 S. Thatte 10:59:22 +0530 investigation suicide note written by victim was found in the house. In the suicide note it was stated that two boys had exploited her and
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spoiled her life. Golu Kushwaha had used her and left her. Stekher
Shaikh had also committed similar act. They should be punished. It
was also stated that Mustafa is a good boy. She treats him as her
husband. The note was signed with date 12th April, 2020. On inquiry
complainant learnt that Golu and Shaikh were troubling her.
3.Learned counsel for the applicant submitted that, on the
basis of suicide note applicant has been falsely implicated in this
case. Suicide note is dated 12th April, 2020 and the suicide was
committed on 20th April, 2020. Therefore, the deceased was having
sufficient time to think of the act and thus, it cannot be said that
applicant/accused has allegedly committed any act which had driven
the deceased to commit suicide. Nothing has been recovered from
the applicant. There is no evidence against the applicant to show that
he abetted, aided or instigated commission of suicide by deceased.
Co-accused Rajesh @ Golu Surajbali Khushwah has been granted
bail by the Sessions Court. The applicant is entitled for bail on parity.
There are are no criminal antecedents against the applicant.
4.Learned APP submitted that nature of offence is serious.
The informant has alleged that the applicant and co-accused caused
harassment to the deceased due to which she committed suicide. The
statements of the friends of the deceased reveals that the applicant
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and co-accused used to harass the deceased. Suicide note implicates
applicant.
5.I have perused the documents on record it is apparent
that in suicide note there is reference of accused having used the
victim and left her. The father of victim in his statement has stated
that after learning about his daughters affair with Golu Kushwaha
(co-accused), his son Imran had called Golu and warned him not to
keep in touch with victim. Victim had told them that she is having
friendship with Golu and not in love with him. Isthekar was also
harassing victim. She wanted to marry Mustafa. Statement of Payal
Menaria was recorded on 5th May, 2020. She is friend of Saba
(victim). She stated that Golu used to meet Saba frequently. She had
seen them together. Saba told her that her brother came to know
about her affair with Golu and he had warned him not to keep in
touch with her and assaulted him. Victim was friendly with Isthekar.
She had stated that he had promised her that he would marry her
and maintained physical relationship. Golu came to know about it
and there was quarrel between Golu and Isthekar. Investigation is
completed and the charge-sheet is filed. There are no criminal
antecedents against the applicant. Applicant is arrested on 30th May,
2020 and since then he is in custody. Co-accused Rajesh @ Golu
Surajbali Khushwah has been granted bail by the Sessions Court.
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Considering the factual matrix of the case further detention of the
applicant is not necessary. Hence, case for grant of bail is made out.
ORDER
(i) Criminal Bail Application No. 553 of 2021 is allowed;
(ii) The applicant is directed to be released on bail in
connection with C.R. No. I-123 of 2020 registered with
A.P.M.C. Police Station, Navi Mumbai on executing P.R. Bond in
the sum of Rs.30,000/- with one or more sureties in the like
amount;
(iii)The applicant shall report concerned Police Station once
in a month on first Saturday of the month between 11:00 a.m.
to 1:00 p.m. till further order;
(iv)Applicant shall produce the photo identity, address
proof, mobile details of self and his two close relatives.
(v)The applicant shall not tamper with the evidence.
(vi)Application stands disposed of accordingly.
(PRAKASH D. NAIK, J.)
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1 issue framed by the court
Whether bail is granted to the applicant charged with suicide by hanging r/w Section 306 IPC.
Istekhar Abbasali Shaikh
The State of Maharashtra
Prakash D. Naik
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court