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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR

CRIMINAL APPLICATION (ABA) NO.29 OF 2021

(Vaibhav s/o Premanand Mawale Vs. State of Maharashtra thr. PSO PS Shegaon City,

Tq. Khamgaon, Dist. Buldhana)

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Office Notes, Office Memoramda of Coram,

appearances, Court'

s orders of directions

Court'

s or Judge'

s orders.

and Registrar’s Orders.

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Mr. A.M. Sudame, Advocate for Applicant.

Mr. M.K. Pathan, APP for Non-Applicant/State.

CORAM: ROHIT B. DEO, J.

DATE: 5

th FEBRUARY, 2021.

Heard.

2.

The applicant is apprehending arrest in Crime

486/2020 registered with Police Station Shegaon City,

District Buldhana for offence punishable under Section 306

read with Section 34 of the Indian Penal Code.

3.

The crime is registered on the basis of report dated

04.12.2020 lodged by the father of deceased Ms. ‘S’ who

committed suicide on 03.12.2020.

4.

The gist of the report is that Ms. ‘S’ was driven to

take the extreme step due to her financial, emotional and

sexual exploitation by the applicant. The allegation is that

Ms. ‘S’, was persistently exploited, and later on discarded by

the applicant – accused who focused his attention on a

different girl. It is further alleged, that the applicant

threatened Ms. ‘S’ that her photographs shall be

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sent/forwarded to her father.

5.

Mr. Akshaya Sudame would submit, relying on the

decision of the Apex Court in Arnab Manoranjan Goswami

v. The State of Maharashtra & Ors. (Criminal Appeal 742 of

2020 (Arising out of SLP (Cri) 5598 of 2020), that the live

link or proximity between the conduct of the accused and

the suicide is missing. Mr. Akshaya Sudame would invite

my attention to the observations of the Supreme Court in

paragraphs 46 to 54 of the decision in Arnab Goswami.

6.

In view of the heavy reliance placed on the said

decision, it would be necessary to note the factual matrix in

the back-drop of which the Apex Court articulated the

observation.

7.

Arnab Goswami is the Editor-in-Chief of an English

television news channel and is also the Managing Director

of ARG Outlier Media Asianet News Private Limited. He

came to be arrested on 04.11.2020 in connection with

Crime 59 of 2018 registered at Alibaug Police Station under

Section 306 and 34 of IPC. The gist of the report lodged by

the wife of the deceased is that her husband was under

great pressure since Arnab Goswami did not pay his

legitimate dues, in entirety.

8.

The Supreme Court on a resume of a catena of

decisions held that a prima facie evaluation of the report

does not establish the ingredient of the offence of abetment

of suicide under Section 306 of the IPC and directed that

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the accused be released on bail.

9.

This Court is conscious of the position of law that

while dealing with an application seeking pre-arrest

protection or regular bail, a microscopic evaluation of the

material on record must be ordinarily shunned.

However, reasons indicating the thought process underlying

the ultimate decision will have to be indicated albeit briefly.

Some reference to the material in the case diary is

therefore, inevitable.

10.

I have perused the suicide note which is in three

parts. The first part is addressed to the informant, the

second part is addressed to the mother and the third part is

addressed to the brother. Prima facie, the contents of the

suicide note are heart rending Ms. ‘S’ was taken advantage

of, her person exploited and when the sexual lust of the

applicant stood satisfied, she was dumped. The applicant

further issued threats that the photographs of Ms. ‘S’ shall

be forwarded to her father, is the recital in the suicide note.

Considering the contents of the suicide note, the prim