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SUBODH ABHYANKAR
Kamlesh And Ritesh – Appellant
Versus
State of Madhya Pradesh – Respondent
JUDGMENT
Subodh abhayankar, J. - This is the applicants' first application under Section 438 of Criminal Procedure Code, 1973 for grant of anticipatory bail, as they are apprehending their arrest in connection with Crime No.137/2022 registered at Police Station -Bhawarkua, District-Indore (MP) for offence punishable under Sections under Sections 306, 34 of the IPC, 1860.
Allegation against the applicants is that the applicant No.1 is the real brother and the applicant No.2 is the step brother of the deceased Lokesh and it is alleged that they along with his father used to harass the deceased Lokesh which led him to commit suicide on 13.12.2021 by hanging.
Counsel for the applicant has submitted that on account of Lokesh (deceased) ill treatment of his father and other family members he was expelled from the house in the year 2017 and thereafter a paper publication has also been made in the year 2018 expelling him from his family and he was living separately with his wife and children since last around five years and recently he has again started to interfere in the family affairs of the applicants and was raising a property dispute. Counsel has submitted that although suicide note has
The main legal point established in the judgment is that demands for repayment of money, without evidence of instigation or mens rea, do not constitute abetment for suicide under Section 306 of the I....
The main legal point established in the judgment is the court's discretion in granting anticipatory bail based on the necessity of custodial interrogation and the willingness of the applicant to coop....
The absence of prima facie evidence of intention to abet suicide negates culpability, regardless of emotional pressures involved.
Anticipatory – High Court or Court of Session could grant limited anticipatory bail in the form of an interim protection under Section 482 of BNSS, 2023 (Section 438 of Cr.P.C.) in interest of justic....
The court emphasized that sending a person to jail should be the last resort and considered the parameters for grant of anticipatory bail, focusing on the nature and gravity of the accusation and the....
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