Allowed

Ajinath Gorakh Jagdale v. the State of Maharashtra

Bombay HC4 Jul 2023ABA/576/2023

Case brief

AI extract

What is this about?

The Supreme Court of Maharashtra considered anticipatory bail applications filed by Kalpana, Sangita, Dinkar, and Ajinath. The applicants faced charges of abetment to suicide under Section 306 IPC. The court allowed the applications as interim relief previously granted, finding no reasonable case for abetment based on the FIR's allegations.

What did the court decide?

The anticipatory bail applications were allowed in terms of interim relief granted on 28th April 2023.

Ajinath Gorakh Jagdale Vs the State of Maharashtra — Murder and Culpable Homicide | Bombay HC (2023)

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 943ABA653.2023

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IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD

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ANTICIPATORY BAIL APPLICATION NO. 653 OF 2023

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1] Kalpana w/o Tukaram Rasal

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2] Sangita w/o Dinkar Kolhe

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3]Dinkar s/o Asaram Kolhe...Applicants
Versus
The State of Maharashtra...Respondent

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Mr. P. A. Bharat – Advocate for the applicants
Mrs. Geeta L. Deshpande – APP for respondent/State

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AND

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ANTICIPATORY BAIL APPLICATION NO. 576 OF 2023

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Ajinath Gorakh Jagdale ...Applicant
Versus
The State of Maharashtra...Respondent

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Mr. P. A. Bharat – Advocate for the applicants
Mrs. Geeta L. Deshpande – APP for respondent/State
….

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CORAM : R. M. JOSHI, J.
DATE : 04th JULY, 2023

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PER COURT:

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1. The applicants apprehend arrest in connection with

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Crime No.263 of 2023 registered with Shevgaon Police Station, Dist.

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Ahmednagar, for the offence punishable under Sections 306, 504, 506
r/w 34 of the Indian Penal Code.

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 943ABA653.2023

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2.The informant is father of the deceased - Akshay, who
committed suicide on 12.03.2023. It is the contention of the
informant that he has strained relations with his wife and that she
had illicit relations with another person i.e. applicant in Anticipatory
Bail Application No. 576 of 2023. On this count, she started staying
separately with younger son. He further contended that on
11.03.2023, Akshay went to meet his mother i.e. applicant no.1-
Kalpana in Anticipatory Bail Application No. 653 of 2023 and at that
time she along with co-accused threatened him and told him not to
come back to their house. There is another allegation made against
the person with whom the mother of the deceased is allegedly having
illicit relations. It is the contention of the informant that on account
of the threats given by the applicants, his son committed suicide.

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3.The learned advocate for the applicant states that even if
the statements made in the First Information Report are accepted in
their entirety, no case is made out for abetment to commit suicide.

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4.The learned APP opposes the application.

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 943ABA653.2023

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5. Prima facie perusal of the FIR shows, except the

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allegation that on 11.03.2023 the deceased was told not to come to
Dahigaon for meeting his mother, there is no other allegations made
against them. Even if the said allegations are accepted, it can hardly
become reason for someone to commit suicide. Apart from this, no
intention can be attributed to the applicants that they were intending
the deceased to commit suicide by saying so. As far as the mother of
the deceased is concerned, the report indicates that in fact she had
asked the deceased to stay with her. This statement by no stretch of
imagination can be considered to be the abetment to suicide. As far
as the applicant - Ajinath is concerned, the allegation against him is
that he had disclosed to the deceased about relationship with his
mother and has told him that he can maintain him. This act also
cannot be considered as an abetment to the commission of suicide as
the deceased had knowledge about the said relationship, as it appears
from the FIR. Hence, the applications are allowed in terms of interim
relief granted by this Court vide order dated 28th April, 2023 in
Anticipatory Bail Application No. 653 of 2023.

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GGP

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Ajinath Gorakh Jagdale v. the State of Maharashtra

Case brief

What is this about?

What did the court decide?

Ajinath Gorakh Jagdale v. the State of Maharashtra

Case brief

What is this about?

What did the court decide?

What the court decided

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