Allowed

Vinayak Damodar Shinde v. the State of Maharashtra

Bombay HC14 Jun 2023ABA/479/2023

Case brief

AI extract

What is this about?

High Court allowed anticipatory bail to an accused alleged of abetting suicide under IPC 306. The court held that the WhatsApp chat alone was insufficient to prove abetment or instigation and that custodial interrogation was unnecessary.

What did the court decide?

Application allowed on terms of interim relief; direction to remain present before Investigating Officer and cooperate in investigation.

Vinayak Damodar Shinde Vs the State of Maharashtra — Cheating and Forgery | Bombay HC (2023)

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IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD

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ANTICIPATORY BAIL APPLICATION NO. 479 OF 2023

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Vinayak Damodar Shinde

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Applicant

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Versus

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The State of Maharashtra

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Respondent

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Mr. R. P. Patwardhan, Advocate holding for Mr. S. S. Jadhav, Advocate for the applicant. Mr. S. N. Morampalle, APP for the State.

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CORAM : R. M. JOSHI, J. DATE : 14^th JUNE, 2023.

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PER COURT :

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Heard.

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Applicant apprehends arrest in connection with Crime No. 86/2023 registered with New Mondha Police Station, Dist. Parbhani, for the offences punishable under Section 306 of the Indian Penal Code.

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First Information Report lodged by the father of the deceased shows that deceased got married before 10 to 12 years and was having a son. It is further stated that on 12^th March, 2023 she committed suicide by hanging herself. When WhatsApp chats on her mobile phone were verifed, it was found that there was a chat with

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the present applicant wherein it is stated by the deceased that he had no true love towards her and that he used her and therefore, she committed suicide.

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Learned counsel for the applicant states that applicant is aged about 23 years and deceased was 36 years old and their acquaintance was through instagram. He states that both were adult and the relationship if any between them must be consensus in nature. He further states that except for the alleged chat, there is nothing on record to show that present applicant has abetted or instigated the act of commission of suicide by the deceased.

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Learned APP opposed the application by submitting that perusal of the chat exchanged between the deceased and the present applicant shows that applicant had used her and therefore, she committed suicide. According to him, this evidence itself is suffcient to indicate that it is a case of abetting the deceased to commit suicide.

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For the purpose of attracting offence under Section 306 of the Indian Penal Code, there has to be some material on record to indicate that applicant had aided or abetted or instigated the

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deceased to commit suicide. Record indicates that deceased was married however she maintained relationship with the present applicant. Her statement that the applicant did not have real love towards her is diffcult to be established having regard to the fact that the relationship continued for atleast a year. The said chat infact indicates that she was frustrated and that she was unable to face her parents. In such circumstances, it is diffcult to accept that there is some material evidence on record to indicate instigation or abetment to commission of suicide on the part of the present applicant. Custodial interrogation in such cases may not be required. Appropriate direction to the applicant to remain present before the Investigating Offcer and cooperate in the investigation will be suffcient for further effective investigation.

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In view of above, application is allowed on the same terms of interim relief.

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( R. M. JOSHI) Judge

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dyb

Vinayak Damodar Shinde v. the State of Maharashtra

Case brief

What is this about?

What did the court decide?

Vinayak Damodar Shinde 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

Case details

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