Bombay High Court
Shadab Ayub Khan vs The State Of Maharashtra on 10 August, 2021
Author: Sandeep K. Shinde
Bench: Sandeep K. Shinde
24-BA-2341-2021.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
BAIL APPLICATION NO.2341 OF 2021
WITH
INTERIM APPLICATION NO.1873 OF 2021
Shadab Ayub Khan ... Applicant
Vs
The State of Maharashtra ... Respondents
...
Mr. Aabaad Ponda, Sr. Adv. i/by Karma Vivan for the
Applicant.
Mr. A.A.Palkar, APP for the Respondent-State.
Mr. Aditya Mithe for the Intervenor.
CORAM : SANDEEP K. SHINDE J.
DATE : 10th AUGUST, 2021.
P.C. :
Applicant seeks his enlargement on bail in
connection with the Crime No.684 of 2021 registered at
Sakinaka Police Station for the ofence punishable under
Section 306 of the Indian Penal Code, 1860 ('IPC' for short).
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2 Heard Mr. Ponda, the learned Senior Counsel for
the applicant, Mr. Palkar, the learned Additional Public
Prosecutor for the State and Mr. Mithe, the learned counsel
for the Intervenor.
3 Applicant is air-line pilot having eleven years
experience in aviation. He has no criminal antecedents.
4 Smt. Reshma Trenchil and the applicant were
residing in one building at Chandivali, Mumbai. On 21 st June,
2021, Smt. Reshma, 44 year old lady jumped from her 12 th
floor apartment with her son of 10 year old. Waatchman of
the apartment found the deceased and her son lying in pool
of blood. Following which, he alerted residents and the
police.
5 Following the incident, accident death enquiry
was held in ADR 70 of 2021. Wahereafter police constable
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Kamble found suicide note left behind by the deceased
Reshma. In the suicide note, victim complained of harassing
her about her son making noise. Wahereafter the applicant
was arrested in the crime in question.
6 Mr. Ponda, the learned Senior Counsel for the
applicant, invited my attention to the complaints fled by
the applicant to the Manager of the Apartment and such
other complaints fled by his family, to the Senior Inspector
of Police to contend that the deceased was causing
continuous nuisance to residents since morning from 7-8
a.m. till 9-10 p.m. The complaints indicate that noise was
mainly of jumps or run, sliding tables and chairs. It appears,
after the complaints were fled, Senior Inspector of the
Police warned Reshma that she shall not cause anymore
nuisance to the residents of the apartment. The last
complaint was fled on 27th May, 2021. It appears, Reshma's
husband and her in-laws passed away in April/May, 2021 in
a pandemic of Covid-19. Submission is that the deceased
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was depressed since her husband and in-laws expired in
April/May, 2021. Mr. Ponda, learned Senior Counsel for the
applicant would submit that the investigation in the case is
over and since trial is not likely to commence in near future,
applicant may be granted bail by imposing such conditions
to secure his presence for the trial. He submitted that
complaints fled by the applicant cannot be termed as,
'instigation', in-as-much as there is no material on record
to suggest that owing to the constant humiliation or ill-
treatment meted out to the deceased by the applicant,
deceased committed suicide. He would further submit that
ofending action ought to be proximate to the time of
occurrence, however, complaint to police has-had to
proximity to the incident. It is submitted that there is no
evidence capable of suggesting that the applicant by fling
complaints intended to instigate the deceased to commit
suicide. Mr. Ponda in support of his submission has relied on
the judgment of the Apex Court in the case of Arnab
Goswami in Criminal Appeal No.742 of 2020.
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7 Be that as it may, herein, there is no material to
suggest that conduct of the applicant created such
circumstances which left deceased with no option but to
commit suicide. Prima-facie, accusations, do not constitute
ofence under Section 306 of the IPC. Even otherwise,
investigation is over and applicant's presence for the trial
can be secured by imposing conditions.
8 In consideration of the facts of the case and for
the reasons stated above, the application is allowed. Hence,
the following order:
ORDER
(i) The applicant in Crime No. 684 of 2021 registered with Sakinaka Police Station, shall be released on executing PR bond for the sum of Rs.30,000/- with one or more sureties in like sum.
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(ii) The applicant shall attend the concerned police station as and when called.
(iii) The applicant shall not tamper with the evidence or attempt to influence or contact the complainant, witnesses or any person concerned with the case 9 The application and the Interim Application therein are accordingly disposed of. 10 It is made clear that observations made here-in- above be construed as expression of opinion for the purpose of bail only and the same shall not in any way influence the trial in other proceedings.
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