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SANJAY VASHISTH
Sonika Sharma – Appellant
Versus
State of Punjab – Respondent
| Table of Content |
|---|
| 1. background of the anticipatory bail application. (Para 1 , 2) |
| 2. arguments presented by the petitioner’s counsel. (Para 3 , 4 , 5 , 6 , 8 , 9) |
| 3. court's observations regarding the facts of the case. (Para 10 , 11 , 14 , 15) |
| 4. legal principles related to abetment of suicide. (Para 12 , 13) |
| 5. conclusion and order to grant anticipatory bail. (Para 16 , 18) |
| 6. conclusion and order of the court with conditions. (Para 17) |
JUDGMENT :
Mr. Sanjay Vashisth, J.
1. Prayer in this petition, filed under Section 482 of the BNSS , 2023 (earlier Section 438 Cr.P.C.), is for grant of anticipatory bail to the petitioner, who has been booked in a criminal case arising out of First Information Report, as detailed hereunder:-
| Name & age of Petitioner(s) | FIR No. | Date | Section(s) | Police Station | District |
| Sonika Sharma aged about 34 years | 0153 | 29.07.2024 | 108 of BNS , 2023 | Khanna City-2 | Khanna |
2. Complainant – Yogesh Sharma (father-in-law of the petitioner) got lodged the aforementioned FIR by recording the facts that his son Gaurav Sharma, aged 36 years, performed marriage with Sonika Sharma (petitioner herein) on 28.01.2019. Gaura
The court ruled that mere familial disputes do not constitute abetment of suicide; clear evidence of active instigation is required for prosecution under Section 108 of BNSS, 2023.
The main legal point established is that for conviction under Section 306 IPC, there must be a clear mens rea and an active act or direct act leading to suicide, and mere harassment without positive ....
The need for a clear mens rea and an active act to establish abetment under Section 306 IPC, and the consideration of trial delay due to the pandemic as a factor in granting bail.
The necessity of mens rea for instigation and the requirement of concrete evidence for establishing the offence of abetment of suicide under Section 306 of the IPC.
The main legal point established in the judgment is that the mere conduct of a spouse, even if not up to the expectations of the other spouse, does not necessarily constitute abetment of suicide, and....
The main legal point established in the judgment is the requirement of mens rea and the need for evidence capable of suggesting that the accused intended to instigate the deceased to commit suicide. ....
Establishing criminal liability under Section 306 IPC requires proof of mens rea and evidence of instigation, which was not present in this case.
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