NIPULBHAI GANGDASBHAI SANTOKI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This application is filed under Sec. 438 of the Code of Criminal Procedure (for short "Code") seeking pre-arrest bail in connection with the offence registered with Kalavad Police Station, Jamnagar being CR No.11202030230218 of 2023 for the offence punishable under Sec. 306 and 114 of the Indian Penal Code.

(2.) The short facts discerned from the record are that one Mr.Rameshbhai son of Rajabhai Meshabhai lodged the captioned FIR against Sureshbhai Keshavjibhai Santoki and Natinbhai Keshavjibhai Santoki and other partners of Amul Industries Pvt Ltd., alleging interalia that deceased-Vikrambhai was working with the Amul Industries Pvt Ltd., since last more than 15 years. Petitioners-accused were irregular in paying the salary to the workers; including the deceased for more than six months. Thus, some agitation had been preferred which resulted into the payment of salaries; but again irregularity in paying salary took place. Deceased-Vikram being employee was facing some financial crunch and when he demanded the salary, he was transferred to some other place viz., Panipat, Tamilnadu. It is further alleged that since the loan was taken by the deceased on credit card which had become outstanding; but as the deceased was not paid the salary since last six months, he was facing financial crunch and could not pay the loan and because of harassment at the hands of the partners of Amul Industries, deceased set himself ablaze on 26/05/2023 and thus the FIR as above alleging abetment of commit suicide was lodged against the accused persons.

(3.) Learned Advocate Mr.Chandrani for Mr.Thakkar, learned Advocate for the applicants submits that if the allegations leveled in the FIR are taken at face value and the same is considered true and correct, no offence satisfying the basic ingredients of Sec. 306 of the IPC is made out. He has further submitted that looking to the allegations leveled in the FIR, the prosecution has failed to make out any case of instigation or goad being made on behalf of the owners of Amul Industry or any direct involvement which has abetted the deceased to commit suicide. He has further submitted that name of the present petitioners are not stated in the FIR; nor in the dying declaration. He would further submit that FIR is silent about the role alleged to have been played by the petitioners in commission of the offence. Taking this Court through the documents placed on record, he would submit that on 22/02/2023, the Director of Amul Industries informed the Commissioner of Police, Rajkot City that some of the employees of the industry are passing threat that they will commit suicide and therefore looking to this aspect, it appears that it is the complainant who instigated the deceased to commit the suicide by setting himself ablaze. He has further submitted that non-payment of salary would not be the reason which can be countenanced for committing the suicide or cannot be considered an act of abetment to commit suicide which is an essential ingredient of Sec. 306 of the IPC.