Gujarat HC Grants Anticipatory Bail to In-Laws: Active Role’ in Instigating Commission of Suicide Essential U/S 306 of IPC

Gujarat High CourtGujarat High Court

Anurupa Pal

Published on: March 11, 2022 at 21:12 IST

The Bench of Justice Ilesh Vora was hearing an Application under Section 438 of Code of Criminal Procedure praying for Anticipatory Bail in connection with a First Information Record for Offences under Sections 306, 498-A and 114 of Indian Penal Code and Sections 3 and 7 of the Dowry Prohibition Act.

“It is settled Law that, in order to bring a Case within Provisions of Section 306 of the Indian Penal Code, there must be a Case of Suicide and in Commission of the Offence, person who is said to have Abetted the Alleged Suicide, must have played an active role by an Act of Instigating or by doing a certain Act to facilitate Commission of Suicide”, the Gujarat High Court has held.

The Applicants herein were the Father-in-law and the Mother-in-law of the Deceased. They were Accused of harassing the Deceased by demanding Dowry and subjecting her to Cruelty in petty Domestic Issues.

She had also informed her parents about the cruelty and harassment and in this background, the Deceased committed Suicide at her matrimonial home by hanging herself.

The Bench opined that there were no specific instances that are essential for applying Section 306 of the Indian Penal Code.

For section 306, there must be Commission of Suicide, and in commission, the person who is Alleged to have Abetted the Suicide must have played an active role by an Act of Instigation or doing a certain act to facilitate the Suicide.

As Per the Bench, this was a fit case for granting Pre-Arrest Bail. Accordingly, Anticipatory Bail was issued with a Personal Bond of INR 10,000 without Prejudice to the Right of the Accused to seek stay against an Order of Remand.

Also Read: Bulli Bai App Case: A 917-Page Chargesheet Filed by the Mumbai Police 

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