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Monday, June 22, 2020

TCS

Bombay HC grants interim regular bail to 2 accused in offence of abetment to commit suicide 

Zafar Khan
Nagpur,22 June 2020
Justice Vinay Joshi in an application for grant of regular bail granted interim regular Bail to Pappu Rathod and Deepak Rathod who were arrested for the offence punishable under sec 306 , 34 of IPC by police station pinjar dist Akola.
www.thecurrentscenario.com
Dipak and Pappu were prosecuted for the alleged offence punishable
under Section 306 r/w Section 34 of the Indian Penal Code
registered with Police Station, Pinjar vide crime no. 69/2020
upon the complaint of complainant namely Ankita Shespal
Chavan and accordingly both were arrested on
29-05-2020.

The case of prosecution case as emerged from the perusal of
the FIR is that, one Ankita Shespal Chavan lodged the report
with P.S. Pinjar to the effect that, on 03.01.2020 at about
10.00 a.m. the informant Ankita Chavan along with her father
(deceased) and sister had been to State Bank Mahan for their
personal work. At that time one Ashok Rathod assaulted the
deceased. Therefore, they had lodged complaint with Police
Station Mahan and thereafter made complaint with
Superintendent of Police, Akola. The said case was
compromised at Police Station. Even after that Kavita, Pallavi,
Sushila, Asha, Renuka, Udhayesingh Chavan, Dipak Rathod
and Pappu Rathod used to quarrel with the deceased and his
wife and abusing them. On 22.05.2020 at about 6.00 p.m.
complainant along with her mother returned to home from
field. At that time Akshay Rathod assaulted and abused and
threatened the complainant. At that time Dipak and Pappu
Rathod came on the spot abused and threatened her. The
report about the said incident was given to the police station.
However, on 23.05.2020 at about 6.00 a.m. the Kavita, Pallavi,
Sushila, Asha, Renuka, Udhayesingh Chavan, Dipak Rathod
and Pappu Rathod picked up quarrel with complainant and her
family members. Therefore, due to repeated harassment the
complainant inflicted injury to herself and her father consumed
poison due to which he ultimately died.

It was submitted that, there was quarrel was going on between the two family but that by itself can't be abetment to commit suicide. Considering the allegations made in
the FIR, no offence is made out attracting ingredients of sec
306 of IPC.

Further it was submitted that there is delay of 4 days in lodging FIR which makes the case of prosecution doubtful.

Considering the submissions made, justice Vinay Joshi granted interim regular bail to both the applicants.

Adv Mir Nagman Ali appeared for both accused.