(1) CR.APP. 2208.2009 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 2208 OF 2009 Sheela W/o Jankiram Ghodake, Age :21 years, Occu.: Household, R/o Ghodake Pimpri, Tq. Sailu and Dist. Parbhani .. Applicant Versus State of Maharashtra, Through Police Station Officer, Police Station, Sailu, Dist. Parbhani (Copy served on PP. Of High Court of Bombay at Aurangabad) .. Respondent Mr. S.S. Rathi, Advocate for the Applicant Smt. S.B. Wadmare, APP for the Respondent-State CORAM : A.V. NIRGUDE, J. DATED : 9TH JULY, 2009 ORAL ORDER:- 1] The applicant is seeking bail in crime no. 105 of 2009 registered with Sailu Police Station on 8.6.2009 for offences punishable under section 306 r/w. 34 of the Indian Penal Code. 2] The applicant and her alleged boyfriend are accused of abetting suicide of the applicant's husband. The applicant's husband committed suicide on 21.5.2009. During the investigation of the accidental death case, the Police came across material suggesting that the applicant had developed (2) CR.APP. 2208.2009 illicit relations with the other accused. The Police drew a conclusion unfortunately, that the conduct of the applicant abetted the suicide of her husband. 3] The conclusion of the Investigation Officer was not only incorrect but it unfortunately caused arrest of the applicant. The allegations even taken as truthful, will not amount to offence under section 306 of the Indian Penal Code. The applicant deserved bail and the learned Additional Sessions Judge-3, Parbhani should have granted her bail on 20.6.2009 but unfortunately even the learned Additional Sessions Judge-3, Parbhani, did not realise that even taking the allegations as truthful, the applicant cannot be accused of abetting the suicide of her husband. The learned Additional Sessions Judge should not have observed in his order “There is evidence and serious allegations against the applicant about illicit relationship and that the nature of offence was serious and anti-social.” The observations indicate non-application of mind and ignorance of the ingredients of Section 107 of the Indian Penal Code which defined term “abetment”. 4] The applicant is released on bail of Rs.2000/- (Rs. Two Thousand) with one surety in the like amount. (3) CR.APP. 2208.2009 5] A copy of this order be sent to the learned Additional Sessions Judge-3, Parbhani Shri Sanjay Deshmukh. 6] Criminal Application stands disposed of. Sd/- (A.V. NIRGUDE, J.) arp/9july9/cr2208.09