In an order dated October 17, a single bench of Justice R N Laddha noted that there was no evidence indicating that the couple engaged in behavior that was “compelling or oppressive,” leaving the husband with no option but to take his own life.
Mumbai: The Bombay High Court has granted pre-arrest bail to a woman and her alleged paramour, who were accused of abetting the suicide of her estranged husband. The court observed that there was no direct instigation or incitement involved in the case.
In an order dated October 17, a single bench of Justice R N Laddha noted that there was no evidence indicating that the couple engaged in behavior that was “compelling or oppressive,” leaving the husband with no option but to take his own life.
The court stated, “It prima facie appears that the applicants did not take any definitive action that directly led to the deceased’s tragic decision to end his life.”
The bench emphasized that the law regarding abetment of suicide requires more than mere speculation or conjecture; there must be evidence of direct inducement or incitement.
It explained,
“Abetment to commit suicide necessitates not just circumstantial pressure but a clear and intentional act of instigation.”
Section 438. Direction for grant of bail to person apprehending arrest.
(1) Where any person has reason to believe that he may be arrested on accusation of having committed a non-bailable offence, he may apply to the High Court or the Court of Session for a direction under this section that in the event of such arrest he shall be released on bail; and that Court may, after taking into consideration, interalia, the following factors, namely:—
(i) the nature and gravity of the accusation;
(ii) the antecedents of the applicant including the fact as to whether he has previously undergone imprisonment on conviction by a Court in respect of any cognizable offence;
(iii) the possibility of the applicant to flee from justice; and.
(iv) where the accusation has been made with the object of injuring or humiliating the applicant by having him so arrested,
either reject the application forthwith or issue an interim order for the grant of anticipatory bail:
Additionally, the court pointed out that the marital discord between the deceased and his wife had begun long before his suicide. The woman and her alleged lover had approached the High Court seeking anticipatory bail following a complaint lodged by the father of the deceased.
The father claimed that his estranged daughter-in-law was involved in an extramarital affair, which he believed led to his son’s emotional distress and subsequent suicide in May 2024. The accused argued that they were wrongfully implicated, asserting that the couple had already filed for mutual consent divorce due to their strained marriage.
