Case Note & Summary
The judgment pertains to three criminal appeals filed by accused persons in Crime No.24 of 2020 registered at Sirsala Police Station, Beed, for offences under Sections 306, 504 read with 34 of the Indian Penal Code, 1860, and Sections 3(1)(r), 3(1)(s), 3(2)(v) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989. The appellants, who are original accused nos.1 to 5, sought bail. The court noted that the deceased was not a member of Scheduled Caste or Scheduled Tribe, and therefore the offences under the SC/ST Act are not attracted. Regarding the offence under Section 306 IPC, the court found that there was no prima facie case of abetment of suicide as there was no direct or indirect act of instigation. The court held that the appellants are entitled to bail and directed their release on furnishing personal bond and surety.
Headnote
A) Criminal Law - Bail - Abetment of Suicide - Section 306 Indian Penal Code, 1860 - The court considered whether a prima facie case of abetment of suicide is made out when the deceased was not a member of Scheduled Caste or Scheduled Tribe and there is no direct evidence of instigation - Held that since the deceased was not a member of Scheduled Caste or Scheduled Tribe, the offences under the SC/ST Act are not attracted, and there is no prima facie case under Section 306 IPC, thus the appellants are entitled to bail (Paras 1-10).
Issue of Consideration
Whether the appellants are entitled to bail when the deceased was not a member of Scheduled Caste or Scheduled Tribe and there is no prima facie case of abetment of suicide under Section 306 IPC.
Final Decision
The court allowed the appeals and directed the appellants to be released on bail on furnishing personal bond of Rs. 15,000 each with one surety of like amount.
Law Points
- Abetment of suicide requires direct or indirect act of instigation
- Prima facie case under SC/ST Act requires victim to be member of Scheduled Caste or Scheduled Tribe
- Bail may be granted if no prima facie case is made out
Case Details
2020 LawText (BOM) (09) 5
Criminal Appeal No.267 of 2020, Criminal Appeal No.273 of 2020, Criminal Appeal No.301 of 2020
Mr. S. J. Salunke, Mr. S. W. Munde, Mr. N. B. Sandanshiv, S. Y. Shinde
Uddhav Rangnath Kadam, Trimbak Balasaheb Sable, Sayyad Rahim Sayyad Maheboob, Sayyad Isaq Mahemood Sayyad, Baliram s/o Uttam Sable
The State of Maharashtra, Laxman Bansi Gavali
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Nature of Litigation
Criminal appeals against rejection of bail in a case involving abetment of suicide and offences under the SC/ST Act.
Remedy Sought
The appellants sought bail from the High Court.
Filing Reason
The appellants were arrested in connection with Crime No.24 of 2020 for offences under Sections 306, 504 read with 34 IPC and Sections 3(1)(r), 3(1)(s), 3(2)(v) of the SC/ST Act.
Previous Decisions
The bail applications were rejected by the trial court.
Issues
Whether the deceased was a member of Scheduled Caste or Scheduled Tribe to attract offences under the SC/ST Act.
Whether a prima facie case of abetment of suicide under Section 306 IPC is made out against the appellants.
Submissions/Arguments
The appellants argued that the deceased was not a member of Scheduled Caste or Scheduled Tribe, hence the SC/ST Act offences are not attracted.
The appellants contended that there is no direct or indirect act of instigation to constitute abetment of suicide.
Ratio Decidendi
Since the deceased was not a member of Scheduled Caste or Scheduled Tribe, the offences under the SC/ST Act are not attracted. Further, there is no prima facie case of abetment of suicide under Section 306 IPC as there is no direct or indirect act of instigation. Hence, the appellants are entitled to bail.
Judgment Excerpts
The deceased was not a member of Scheduled Caste or Scheduled Tribe, therefore the offences under the SC/ST Act are not attracted.
There is no prima facie case of abetment of suicide under Section 306 IPC as there is no direct or indirect act of instigation.
Procedural History
The appellants were arrested in Crime No.24 of 2020. Their bail applications were rejected by the trial court. They then filed these criminal appeals before the High Court.
Acts & Sections
- Indian Penal Code, 1860: 306, 504, 34
- Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989: 3(1)(r), 3(1)(s), 3(2)(v)
