The High Court of Bombay has granted interim protection from arrest to an architect, who was booked for abetting the suicide of his paramour’s husband, & said extra-marital relationship should not be construed as a “positive act” that instigated his death by suicide.

On Wednesday, Justice Sandeep Shinde said that the Apex Court has analysed the requirements for abetment in a 2011 judgement in M Mohan’s case.

The Judge said that “The SC had held that abetment involves a mental process of instigating a person or intentionally aiding a person in doing of a thing & 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 alleged relationship (extra-marital) prima-facie cannot be construed as a ‘positive act’ to infer that the applicant (the architect) either instigated & aided the deceased in committing suicide,” he added & granted interim pre-arrest bail to the architect, Ashokbhai Gangar (46).

The architect had moved the High Court apprehending arrest in connection with the crime registered at Badlapur (East) Police Station. He & the man’s wife were booked for abetting the latter’s death by suicide.

The crime was registered on Sept 15 on the basis of a complaint lodged by the father of the deceased. The complainant said his son, who had died by suicide on Sept 3, had left behind a note blaming the extra-marital affair between his wife & Gangar for taking his own life.

Gangar had moved the High Court after an Additional Sessions Judge at Kalyan rejected his Anticipatory Bail petition on Oct 8 on the grounds that he was not found living at the address that was mentioned in his Anticipatory Bail Plea.

Besides, the Sessions Judge also took into consideration that Gangar’s mobile phone was yet to be seized to recover the text messages, which he had allegedly exchanged with the woman.

The High Court directed Gangar to hand over his cellphone to the investigating officer (IO) in the case & also share the details of the place, where he is currently living, with the IO. 

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