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'Active Role' In Instigating Commission of Suicide Essential U/S 306 of IPC: Gujarat High Court Grants Anticipatory Bail To In-Laws

LIVELAW NEWS NETWORK
11 March 2022 5:00 AM GMT
Active Role In Instigating Commission of Suicide Essential U/S 306 of IPC: Gujarat High Court Grants Anticipatory Bail To In-Laws
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"It is settled law that, in order to bring a case within provisions of Section 306 of the IPC, there must be a case of suicide and in commission of the offence, person who is said to have abetted the alleged suicide, must have played an active role by an act of instigating or by doing a certain act to facilitate commission of suicide", the Gujarat High Court has held. The...

"It is settled law that, in order to bring a case within provisions of Section 306 of the IPC, there must be a case of suicide and in commission of the offence, person who is said to have abetted the alleged suicide, must have played an active role by an act of instigating or by doing a certain act to facilitate commission of suicide", the Gujarat High Court has held.

The Bench of Justice Ilesh Vora was hearing an application under Section 438 of CrPC praying for anticipatory bail in connection with an FIR for offences under Sections 306, 498-A and 114 of IPC and Sections 3 and 7 of the Dowry Prohibition Act.

The Applicants herein were the father-in-law and the mother-in-law of the deceased. They were accused of harassing the deceased by demanding dowry and subjecting her to cruelty in petty domestic issues. She had also informed her parents about the cruelty and harassment and in this background, the deceased committed suicide at her matrimonial home by hanging herself.

The Applicants contested that the facts of the case did not constitute the offence under Section 306 of IPC since there was no specific allegation that the Applicants had instigated or abetted the deceased to commit suicide. Further, the husband, the Accused No.1 was already behind bars while the parents had played no role in the commission of cruelty.

Per contra, the Respondents submitted that the Applicants had demanded dowry and INR 4 lacs was deposited at the time of marriage along with gold ornaments and other gifts. However, demand for dowry was consistent in the duration of marriage. Accordingly, the offence of abetment as under Section 107 of the IPC was committed and consequently Section 306 could be applied.

Justice Vora, while taking note of the facts and circumstances, observed that first 4 lacs were deposited in the account of Accused No.1. However, even he had paid INR 3 lacs as dowry and gifts towards the marriage. The Respondents had, meanwhile, produced medical prescriptions to establish that the deceased was undergoing stress, anxiety and depression.

The Bench opined that there were no specific instances that are essential for applying Section 306 of the IPC. For section 306, there must be commission of suicide, and in commission, the person who is alleged to have abetted the suicide must have played an active role by an act of instigation or doing a certain act to facilitate the suicide.

Per the Bench, this was a fit case for granting pre-arrest bail. Accordingly, anticipatory bail was issued with a personal bond of INR 10,000 without prejudice to the right of the Accused to seek stay against an order of remand.

Case Title: SUNILKUMAR RAJESHWARPRASAD SINHA Versus STATE OF GUJARAT

Case No.: R/CR.MA/21478/2021

Citation:

Click Here To Read/Download Order

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