Nagpur – Justice Vinay Joshi in an application for grant of regular bail granted interim regular Bail to Pappu Rathod and Deepak Rathod who were arrested for the offence punishable under sec 306 , 34 of IPC by police station pinjar dist Akola.
Dipak and Pappu were prosecuted for the alleged offence punishable under Section 306 r/w Section 34 of the Indian Penal Code registered with Police Station, Pinjar vide crime no. 69/2020 upon the complaint of complainant namely Ankita Shespal Chavan and accordingly both were arrested on 29-05-2020.
The case of prosecution case as emerged from the perusal of the FIR is that, one Ankita Shespal Chavan lodged the report with P.S. Pinjar to the effect that, on 03.01.2020 at about 10.00 a.m. the informant Ankita Chavan along with her father (deceased) and sister had been to State Bank Mahan for their personal work. At that time one Ashok Rathod assaulted the deceased. Therefore, they had lodged complaint with Police Station Mahan and thereafter made complaint with Superintendent of Police, Akola. The said case was compromised at Police Station.
Even after that Kavita, Pallavi, Sushila, Asha, Renuka, Udhayesingh Chavan, Dipak Rathod and Pappu Rathod used to quarrel with the deceased and his wife and abusing them. On 22.05.2020 at about 6.00 p.m. complainant along with her mother returned to home from field. At that time Akshay Rathod assaulted and abused and threatened the complainant. At that time Dipak and Pappu Rathod came on the spot abused and threatened her.
The report about the said incident was given to the police station. However, on 23.05.2020 at about 6.00 a.m. the Kavita, Pallavi, Sushila, Asha, Renuka, Udhayesingh Chavan, Dipak Rathod and Pappu Rathod picked up quarrel with complainant and her family members. Therefore, due to repeated harassment the complainant inflicted injury to herself and her father consumed poison due to which he ultimately died.
It was submitted that, there was quarrel was going on between the two family but that by itself can’t be abetment to commit suicide. Considering the allegations made in the FIR, no offence is made out attracting ingredients of sec 306 of IPC.
Further it was submitted that there is delay of 4 days in lodging FIR which makes the case of prosecution doubtful.
Considering the submissions made, justice Vinay Joshi granted interim regular bail to both the applicants.
Adv Mir Nagman Ali appeared for both accused.
