The main legal point established in the judgment is the requirement of a positive act on the part of the accused to instigate or aid in committing suicide, along with the necessity of mens rea and an active or direct act intended to push the deceased into a position to commit suicide.

JUDGMENT

Vikas Bahl, J. (Oral) - CRM-36645-2021

1. Present application has been filed under Section 428 Cr.P.C. for placing on record certain documents as Annexures A-1 to A-7.

2. Application is allowed, as prayed for. The documents (Annexures A-1 to A-7) are taken on record, subject to all just exceptions.

CRM-M-44702-2019

3. This is a first bail application under Section 439 Cr.P.C. for grant of regular bail to the petitioner in FIR No.416 dated 02.09.2018 registered under Section 306 IPC at Police Station Beri, District Jhajjar.

4. Learned counsel for the petitioner has submitted that in the present case, the petitioner was arrested on 03.09.2018 and was granted interim bail by a Co-ordinate Bench of this Court on 14.08.2020, after spending about 1 year and 11 months in custody. It is further submitted that in the present case, the challan has been presented and out of 21 prosecution witnesses, only 4 have been examined, thus, the trial is likely to take time. It is also submitted that a perusal of the FIR would show that prima facie the offence under Section 306 IPC is not made out. It is also submitted that on 29.08.2018 in fact, a minor scuffle had taken place, in which, the deceased and his two sons had attacked the present petitioner and on account of the same, petitioner had got an FIR bearing No.412 dated 30.08.2018, under Sections 323, 452, 506 and 34 IPC, registered against the deceased and his two sons. It is further submitted that the petitioner is not involved in any other case. Further, reliance has been placed upon a judgment of the Hon'ble Supreme Court of India in Special Leave to Appeal (Crl.) no.7284 of 2017 titled as 'Shabbir Hussain vs. The State of Madhya Pradesh & Ors.' decided on 26.07.2021 has held as under:-

'On 10.09.2014, due to certain matrimonial dispute, Roshan Bee, wife of deceased Firoz Khan moved to her parental home. On 22.09.2014, Firoz Khan committed suicide in his house by consuming poison and also left four suicide notes.

Shabbir Hussain, brother of the deceased - Firoz Khan, preferred complaint i.e. Crime No. 1403/2014, which was registered against respondent Nos.2 to 4 under Section 306/34 IPC. After investigation, chargesheet was filed against respondent Nos.2 to 4 and Trial commenced against respondent Nos.2 to 4. Respondent Nos.2 to 4 preferred Criminal Revision No.725/2016 under Section 397/401 Cr.P.C. before the High Court of Madhya Pradesh at Indore. The High Court allowed the Criminal Revision filed by respondent Nos.2 to 4, aggrieved by which, the petitioner has preferred this special leave petition.

Learned counsel for the petitioner submitted that the High Court committed an error in allowing the Criminal Revision, especially after 10 witnesses had already been examined. He referred to the suicide notes that were written by the deceased Firoz Khan, to support his submissions that Firoz was harassed by respondent Nos.2 to 4, due to which he took his own life. He argued that abetment of the offence of suicide by respondent Nos.2 to 4 is prima facie made out as the harassment by respondent Nos.2 to 4 facilitated the act of suicide by the deceased.

In order to bring a case within the provision of Section 306 IPC, there must be a case of suicide and in the commission of the said offence, the person who is said to have abetted the commission of suicide must have played an active role by an act of instigating or by doing a certain act to facilitate the commission of suicide.

Mere harassment without any positive action on the part of the accused proximate to the time of occurrence which led to the suicide would not amount to an offence under Section 306 IPC [Amalendu Pal v. State of West Bengal(2010) 1 SCC 707].

Abetment by a person is when a person instigates another to do something. Instigation can be inferred where the accused had, by his acts or omission created such circumstances that the deceased was left with no option except to commit suicide. [Chitresh Kumar Chopra v. State (Governmen