IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE APPELLATE APPELLATE CRIMINAL JURISDICTION CRIMINAL JURISDICTION CRIMINAL JURISDICTION CRIMINAL CRIMINAL CRIMINAL APPLICATION NO.3948 OF 2008 APPLICATION NO.3948 OF 2008 APPLICATION NO.3948 OF 2008 Mr.Satyendra Subedar Singh @ Rohit singh ..... Applicant Vs. The State of Maharashtra ... Respondents Mr.A.M.Saraogi for Applicant Mr.V.B.KondeDeshmukh APP for Respondents CORAM CORAM CORAM : A.V.NIRGUDE, J : A.V.NIRGUDE, J : A.V.NIRGUDE, J (Vacation (Vacation (Vacation Judge) Judge) Judge) DATED DATED DATED : 4th : 4th : 4th NOVEMBER, 2008 NOVEMBER, 2008 NOVEMBER, 2008 P.C. P.C. P.C. 1. The prosecution case even if is accepted as truthful does not make out a case of abetment to commit suicide. The prosecution case prima facie shows that the applicant intimidated the deceased that if he did not repay the loan advanced to him he would face dire consequences. It is also said that in similar placed situation, one person was assultled by the applicant in presence of the deceased. Feeling threatened by this, the victim committed suicide. It cannot still be said that the accused provoked and incited,urged or encouraged the victim to commit suicide. In order to instigate one has to actively suggest or stimulate other persons to commit certain act. Suggestion and stimulation would be by means of 2 direct suggestion or indirect hint etc. This ingredient of section 306 IPC prima facie is not seen in this case. The applicant deserves protection for anticipatory bail. On the applicant’s arrest he shall be released on bail in the sum of Rs.5000/- with one surety in the like amount. The applicant shall attend police station as and when called. { A.V.Nirgude, J } A.V.Nirgude, J } A.V.Nirgude, J }