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DIPANKAR DATTA, PRASHANT KUMAR MISHRA
Archana – Appellant
Versus
State of Maharashtra – Respondent
ORDER
1. Leave granted.
2. By the impugned order dated 8th August, 2024, the High Court has rejected the appellant’s prayer for bail in anticipation of arrest.
3. The appellant figures as an accused in Crime/FIR No. 0150 of 2024 dated 4 th June, 2024 registered with Police Station Shegaon City, District Buldhana, Maharashtra. It is alleged in the FIR that the appellant’s mother-in-law committed suicide and that the appellant, along with others, is guilty of the offence of abetment of suicide punishable under Section 306 r/w Section 34 of the Indian Penal Code, 1860.
4. We have heard learned counsel appearing for the parties and perused the materials on record.
5. The deceased, prior to throwing herself on the railway track before a moving train, is alleged to have left behind a suicide note. Although the appellant has been named in such note, it is claimed by her that the deceased was illiterate and, therefore, it is extremely doubtful as to whether she had written the suicide note. That is, of course, a matter of evidence. However, admittedly, the suicide note is in the custody of the investigating officer and the question of tampering with evidence may not arise. We are also informed
Bail in anticipation of arrest is granted when custodial interrogation is not warranted, emphasizing the importance of evidence in abetment of suicide cases.
The main legal point established in the judgment is the discretionary nature of pre-arrest bail, the importance of custodial interrogation for effective investigation, and the need to take the deceas....
The court emphasized that mere allegations of harassment are insufficient for abetment of suicide; clear evidence of incitement is required.
Custodial interrogation not required for bail in anticipation of arrest under specific legal circumstances.
The court established that for a charge of abetment under section 306 IPC to stand, there must be clear evidence of abetment as defined under section 107 IPC, which was lacking in this case.
For abetment of suicide, intention of the accused to provoke suicide must be established; mere harassment does not suffice.
Abetment of suicide requires clear intent and mental state; mere allegations or references in a suicide note are insufficient without concrete evidence of instigation.
The court ruled that the definition of 'instigation' in abetment of suicide requires evidence of urging the deceased to commit suicide, emphasizing the accused's intent over the deceased's feelings.
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