Gujarat High Court
Mahendrabhai Babulal Shah vs State Of Gujarat on 25 February, 2020
Author: B.N. Karia
Bench: B.N. Karia
R/CR.A/309/2020 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL APPEAL NO. 309 of 2020
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MAHENDRABHAI BABULAL SHAH
Versus
STATE OF GUJARAT
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Appearance:
MR CB GUPTA(1685) for the Appellant(s) No. 1
for the Opponent(s)/Respondent(s) No. 2
Ms. M.H.Bhatt, APP (2) for the Opponent(s)/Respondent(s) No. 1
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CORAM: HONOURABLE MR.JUSTICE B.N. KARIA
Date : 25/02/2020
ORAL ORDER
Heard learned Counsel for the appellant.
Learned Counsel for the appellant submits that the appellant is innocent person and wrongly involved in the alleged offence. That, upon bare reading of contents of the FIR , there is no direct or indirect role attributed to the present appellant . That, after 5 months, with some ulterior motive the respondent No.2 lodged an FIR . That, upon reading the entire FIR, there is no whisper that either present appellant or accused No.2 instigated the deceased to commit suicide. That, in the present case, nothing is required to recover or discover from the present appellant. That, in the present case question of custodial interrogation of present appellant does not arise. Hence, it was requested by learned advocate for the appellant to enlarge the present appellant on anticipatory bail in the event of his arrest.
Page 1 of 4 Downloaded on : Tue Feb 25 22:21:45 IST 2020R/CR.A/309/2020 ORDER From the papers produced by the appellant, prima facie, it appears that on 17.12.2019, the complaint was lodged by Shri Ashokbhai Harjivanbhai Parmar. As per averments made in the complaint, his younger son Nikhil alias Dhiraj was serving with the decoration Godown of the present appellant at Chandranagar since last 10 months. The appellant was paying Rs 9,000/- per month to him as salary . It also appears that Accident Case No. 28 of 2019 under Section 174 of Cr.P.C was registered before Vasna Police Station. On 14th July, 2019, son of the complainant Nikhil alias Dhiraj came at his home and informed the complainant that he has left his job. Therefore, the complainant asked him as to why he has left this job . Then, his son informed him that the present appellant was not paying salary regularly and present appellant as well as his wife were frequently quarreled with him and abusing him and thus, he has left his job. Thereafter, on 15th July, 2019, telephone call was received by son of the complainant and he was call back by the present appellant on his service. On 20th July, 2019 at 9.00 p.m. another son namely Sanjaybhai who is son of the complainant informed that he has received telephone call from the employer-present appellant that suicide was committed by Nikhil in godown of the present appellant. Thereafter, complainant and his son reached godown of the present appellant wherein, his son had committed suicide. Thereafter, ambulance was called and declared that his son Page 2 of 4 Downloaded on : Tue Feb 25 22:21:45 IST 2020 R/CR.A/309/2020 ORDER was expired. Thereafter, postmortem was performed . Mobile phone of Nikhil was checked after 1 and ½ months by family members wherein, message made by the deceased was found "please now stop harassment I have made whatever you want, you have told to convenience Jyoti I have done it and told to leave her I left her . You removed me from the services. I left the services. You torn my salary diary stating that salary will not be availed then, I left my salary. Thus, I have done whatever told by you but please now stop it because I cann't bear the same please" . Thereafter, it was also found from mobile No. 9974729862 and 7698402134 that frequent messages were sent. Mobile No. 9898167807 was of the present appellant and Mobile No. 9974729862 was of the wife of the present appellant.
Considering the messages, deceased had good relationship with the wife of present appellant. As per averments made in the complaint, on account of instigation made by the present appellant to commit suicide, on 20th July, 2019, he had committed suicide in the godown of the present appellant. Learned Sessions Judge has rightly considered Section 306 and 114 of IPC while, dismissing the appeal, as investigation is under process. Prima facie, it appears that on account of constant harassment made to the deceased, as per his messages in his mobile cell phone, he was instigated by the present appellant to commit suicide. Therefore, this Court deems it fit Page 3 of 4 Downloaded on : Tue Feb 25 22:21:45 IST 2020 R/CR.A/309/2020 ORDER not to issue notice to the respondent at this stage and accordingly this appeal deserves to be dismissed.
Present appeal stands dismissed.
(B.N. KARIA, J) BEENA SHAH Page 4 of 4 Downloaded on : Tue Feb 25 22:21:45 IST 2020