MUMBAI: In a case of suicide by a 23-year-old who “owed” some money to the accused, the Bombay high court said that prima facie the extreme step due to “humiliation” or because he was scolded, confronted, threatened with action or had his father informed could not fall within the meaning of suicide caused by abetment. The high court granted bail for a bond of Rs 25,000 to the accused, who was arrested last month in Pune district.
Justice Bharati Dangre on August 17 said: “The utterance of the words such as ‘go and die’, though humiliating, have been held not to amount to instigation and no offence of abetment of suicide is attracted.”
The judge said a man behind bars since July 14 for offences of abetment of suicide and criminal intimidation deserved his release on bail on the condition that he would continue to render his cooperation to the investigating agency for the investigation.
The accused had engaged the youth at his petrol pump. His counsel, Aniket Nikam, argued for his bail on merits saying no case of abetment was made out. Prosecutor S H Yadav said a suicide note revealed that the petrol pump attendant owed an amount to the accused and sought time for repayment and also expressed an apology to his family and the accused for the extreme step.
“The genuineness of the suicide note is, of course, a matter of investigation and, even if it is accepted as written by the deceased, it does not indicate any instigation”, which would need intentional aid or any facilitation by the accused in commission of the act, said the high court order.
Source: https://timesofindia.indiatimes.com/city/mumbai/hc-saying-go-and-die-not-abetment-of-suicide-in-mumbai/articleshow/85526215.cms
