ASHABAI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The applicants, apprehending arrest in connection with ofence registered u/s 306, 323, 506, 143, 147, 149 of the Indian Penal Code vide Crime No.29/2020 with Police Station, Bhoom Dist.Osmanabad, have preferred this application for anticipatory bail.

(2.) Heard learned counsel for the applicants and the learned APP representing the State. Perused the First Information Report and copies of orders dated 31.3.2020 and 9.4.2020 passed by learned Additional Sessions Judge, Bhoom Dist.Osmanabad rejecting the applications moved by the applicants seeking anticipatory bail.

(3.) By referring the overall facts of the case and more particularly the allegations made against the applicants in the First Information Report, the learned counsel submits that even if the allegations made in the First Information Report are taken to their face value and accepted in its entirety, still they make out no ofence u/s 306 of the Indian Penal Code . It is submitted that in order to attract the ofence u/s 306 of the Indian Penal Code , it must be an act of abetment as defned u/s 107 of the Indian Penal Code . It is submitted that mere presence of the applicants on the spot and abusing the deceased itself is not sufcient to infer that the applicants aided and abetted the commission of suicide by the deceased. It is submitted that the act of abetment involves a mental process and there must be an overt act sufcient to infer that the accused intended the deceased to commit suicide.