Watchman’s Suicide Case | Retracting Witness Statement Not Inciting Suicide: Gujarat HC

Thank you for reading this post, don't forget to subscribe!

Parakramsinh Jadeja, who had been in custody since August 27, 2023, on charges of allegedly encouraging the suicide of a watchman, has been granted bail by the Gujarat High Court. The case surfaced following the watchman’s earlier affidavit in support of Jadeja’s brother in a property dispute involving the Jadeja family.

Watchman's Suicide Case | Gujarat HC Grants Bail to Accused

Gujarat: The Gujarat High Court has granted bail to Parakramsinh Jadeja, who had been arrested since August 27, 2023, on charges of allegedly abetting the suicide of a watchman. The case came to light due to the watchman’s previous affidavit supporting Jadeja’s brother in a property dispute between the Jadeja siblings.

Allegations against Jadeja included coercion by the watchman to retract his initial affidavit and threats of dire consequences if he did not comply. Following these threats, the watchman ceased work temporarily, only to resume a few days before his unfortunate demise. A suicide note found later named Jadeja as the accused.

Watchman's Suicide Case | Gujarat HC Grants Bail to Accused

After a thorough examination of Jadeja’s bail plea, the Court acknowledged that while the FIR suggested Jadeja’s involvement in coercing the watchman to deny his signature on a document, there was no evidence indicating an intent to drive the watchman to suicide.

The Court referenced the M. Mohan case, where the Supreme Court outlined the elements of Section 306 of the IPC, emphasizing the necessity to establish intentional instigation for offenses under this section, with “suicide” defined as the intentional killing of oneself.

M. Mohan v. State, (2011) 3 SCC 626 is a Supreme Court case that states that to be considered abetment, the accused must intend to help, instigate, or aid the deceased in committing suicide. The accused must also intend to push the deceased into a position where they commit suicide. The case also emphasizes that there should be a proximate link between the accused’s actions and the deceased’s suicide. 

Based on the allegations and principles established by the Supreme Court, the Court granted bail to the accused, imposing certain conditions such as refraining from misuse of liberty and not causing harm to the interests of the investigation. The Court further stated that any breach of these conditions would be subject to the discretion of the Sessions judge, allowing for adjustments following the law.

Furthermore, with the chargesheet filed and the investigation concluded, the Court deemed it appropriate to grant bail to the accused. Advocate Ashish Dagli represented Jadeja, while Additional Public Prosecutor LB Dabhi stood for the State, and Advocate PP Majumdar represented the complainant.

CASE TITLE: Parakramsinh Hathubha Jadeja vs State of Gujarat

FOLLOW US ON YOUTUBE FOR MORE LEGAL UPDATES

author

Minakshi Bindhani

LL.M( Criminal Law)| BA.LL.B (Hons)

Similar Posts