DEVESH DATTABHAU PATHRIKAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This is an application for bail.

(2.) The applicant has been arrested in connection with crime No. 02/2006 registered by Mukundwadi Police Station, Aurangabad on3rd of January, 2006 for the offence punishable under Section 306 of the Indian Penal Code.

(3.) Shri. V. R. Manohar, learned senior counsel appearing on behalf of the applicant, submits that taking entire allegations of the prosecution as it is, still no case is made out for an offence punishable under Section 306 of the Indian Penal Code. Relying on the provisions of Section 306 read with Section s 107 and 108 of the Indian Penal Code, he submits that what is necessary to bring home an offence under Section 306 of the Indian Penal Code, is an instigation to commit the suicide. It is submitted that there is nothing in the F. I. R. or the suicide note with would show that the applicant had committed any act or omission which would amount to instigation by the applicant to the deceased to commit suicide. SHRI. V. R. Manohar, learned senior counsel to support this proposition, relies on the Judgment of the Apex Court in Sanju alias Sanjay Singh Sengar Vs. State of Madhya Pradesh, 2002 AIR(SC) 1998 and in the case of Mahendra Singh and another Vs. State of Madhya Pradesh, 1996 CrLJ 894. He also relies on the Judgment of this court in the case of Satish s/o. Narayan Ate Vs. State of Maharashtra, 1997 CrLJ 935. Lastly, he relies on the Judgment of Kerala High Court of Cyriac s/o. Devassai & another Vs. Sub-Inspector of Police, Kaduthuruthy & another, 2005 3 KerLT 673.