In his complaint, the deceaseds father said that his son, who committed suicide on September 3, had left behind a note blaming the extra-marital affair between his wife and Gangar for taking his own life
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Granting interim protection from arrest to an architect, who was booked for abetting the suicide of his paramour's husband, the Bombay high court (HC) said an extra-marital relationship should not be construed as a "positive act" that instigated his death by suicide.
On Wednesday, Justice Sandeep Shinde said the Supreme Court analysed the requirements for abetment in a 2011 judgment in M Mohan's case, reports Hindustan Times.
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"The SC had held that abetment involves a mental process of instigating a person or intentionally aiding a person in doing of a thing and without a positive act on the part of the accused to instigate or aid in committing suicide, conviction (for abetment to suicide) cannot be sustained," the judge said.
While granting interim pre-arrest bail to architect Ashokbhai Gangar (46), the judge said, "The alleged relationship (extra-marital) prima-facie cannot be construed as a 'positive act' to infer that the applicant (the architect) either instigated and aided the deceased in committing suicide."
Gangar had moved the Bombay HC apprehending arrest in connection with the crime registered at Badlapur (East) police station. Gangar and the deceased's wife were booked for abetting the latter's death by suicide. According to police, a case was registered on September 15 on the basis of a complaint lodged by the father of the deceased.
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In his complaint, the deceased's father said that his son, who committed suicide on September 3, had left behind a note blaming the extra-marital affair between his wife and Gangar for taking his own life. The accused had moved the HC after an additional sessions judge at Kalyan rejected his anticipatory bail plea on October 8. Gangar's bail was rejected on the grounds that he was not found living at the address that was mentioned in his anticipatory bail plea.
Besides the address, the sessions court judge also took into consideration the fact that Gangar’s mobile phone was yet to be seized in order to recover the text messages, which he had allegedly exchanged with the woman. The Bombay HC directed Gangar to hand over his cellphone to the investigating officer (IO) and also share the details of the place where he is currently living.
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