RAJU GANPAT WAGH Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The applicants apprehending arrest in Crime No.224 of 2020, registered with Sillod Rural Police Station, Dist. Aurangabad for the offences punishable under sections 306, 498-A, 323, 504 read with section 34 of the Indian Penal Code, has preferred this application, seeking pre-arrest bail.

(2.) Heard learned Counsel for the applicants and learned APP representing the respondent/State. Perused the papers of investigation and the order passed by the learned Additional Sessions Judge-6, Aurangabad, rejecting the application seeking pre-arrest bail filed by the applicants.

(3.) In brief, it is contention of the learned Counsel for the applicants that even if the allegations made in the FIR are accepted in its entirety and presumed to be true and correct, still it does not make out case for the offence punishable under section 306 of the Indian Penal Code against the applicants. It is submitted that the deceased was residing with her husband i.e. accused No.1 and her children. The applicants are residing in separate house and doing their own occupation. The marriage between the deceased and accused No.1 was solemnized in the year 1997. The incident in question leading to commission of suicide by the daughter of the informant had taken place after a period of 22 years of marriage. There is no iota of evidence to infer that the applicants aided, abetted and instigated the deceased to commit suicide. It is submitted that in order to attract offence punishable under section 306 of the Indian Penal Code, there must be an act of abetment defined under section 107 of the Indian Penal Code. No such act of aiding or instigating the deceased to commit suicide spell out from the FIR lodged by the informant. The allegations are vague and general in nature and not sufficient to constitute the offences punishable under section 306 of the Indian Penal Code. It is further submitted that accused No.1 i.e. husband of deceased has been arrested and released on bail. The investigation is practically complete. The custodial interrogation of the applicants is not required. The arrest of the applicants would cause great harassment to them for no offence committed on their part.