Ravi Mashrubhai Solanki vs State Of Gujarat

Ilesh J. Vora, J

Rule. Learned APP waives service of Rule on behalf of respondent State.

Both the above bail applications arise from one and same FIR and therefore, they were heard together and disposed of by this common order.

Heard Mr. Rathin Raval, learned advocate for the applicant and Ms. Bhatt, learned APP for the respondent State.

The applicants, by way of this application filed under Section 439 of the Code of Criminal Procedure, seek regular bail in connection with the FIR being C.R. No. 11193035220340 of 2022 registered with Liliya Police Station, Dist. Amreli, for the offences punishable under Sections 306 and 114 of IPC.

Facts leading to file present applications are that the deceased and applicant are relatives and prior to FIR, they were resided at Delhi. It is alleged in the FIR that applicants were harassing the deceased and used to quarrel with husband of deceased. In such circumstances, deceased committed suicide by hanging herself at the place referred in the FIR. It is the case of the prosecution that before she ended her life, she made recording in the mobile alleging that the applicants are responsible for the suicide as she was subjected to harassment by them.

Mr. Raval, learned advocate for the applicants submitted that there is no evidence with regard to abatement and proximate between the abatement and suicide and therefore, ingredients of instigation as contemplated under Section 107 of the IPC are not attracted.

On the other hand, learned APP opposed the bail application, submitted that there is prima-facie evidence involving the applicants in the alleged offence of commission of suicide and considering the stage of investigation, no case is made out for exercising the discretion in favour of the applicants.

Heard learned advocate for the respective parties and upon perusal of the contents of the FIR and material placed on record, it appears that general allegations of harassment being made by the deceased in her voice recording. In case of charge under abatement of suicide, the prosecution has to prove that person, who is said to have abetted the commission of suicide, must have played the active role by an act of instigation or by doing certain act to facilitate the act of suicide. In light of the settled law and considering the role attributable to present applicants herein, prima-facie, this Court is of the view that ingredients of abatement as required in Section 107 are not attracted. Thus, without expressing anything on the merits of the case, considering the role attributable to present applicants herein and facts in support of the charge, this court is inclined to release the applicants on bail. Hence, the bail application is allowed.

Hence, the applicants are ordered to be released on regular bail in connection with the FIR being C.R. No. 11193035220340 of 2022 registered with Liliya Police Station, Dist. Amreli, on executing a personal bond of Rs.10,000/- (Rupees Ten thousands only) each, with one surety of the like amount each to the satisfaction of the learned Trial Court and subject to the conditions that they shall:

No.

Conditions

(a)

not take undue misuse liberty;

advantage

of

liberty

or

(b)

not act in a manner injuries to the interest of the prosecution;

(c)

surrender passport, if any, to the lower court within a week;

(d)

not leave India without prior permission of the Sessions Judge concerned;

(e)

furnish latest address of residence to the Investigating Officer and also to the Court at the time of execution of the bond and shall not change the residence without prior permission of the trial Court;

The authorities shall release the applicant if they are not required in connection with the any other offence. If breach of any above condition is committed, the Sessions Judge concerned shall take appropriate action or issue warrant against the applicants. The bail bond to be executed before the learned trial Court having jurisdiction to try the case.

It will be open for the sessions judge concerned to delete, modify and/or relax any of the above conditions, in accordance with law. Nothing stated hereinabove, shall tantamount to the expression of any opinion on the merits of this case. Rule is made absolute to the aforesaid extent. Direct service permitted.