Mumbai, India – February 17, 2022 – A Mumbai Sessions Court has rejected the bail application of Sanjay Rajendraprasad Sahani, who is accused of abetting his wife’s suicide. The court, presided over by Additional Sessions Judge Sonali P. Agarwal, denied bail in Criminal Bail Application No. 212 of 2022, citing allegations of constant mental and physical cruelty inflicted upon the deceased.

Sahani, 33, was arrested in connection with Crime No. 13/2022, registered at Mankhurd Police Station, for offenses under Sections 498(A) (cruelty by husband or relative of husband), 306 (abetment of suicide), and 504 (intentional insult with intent to provoke breach of the peace) of the Indian Penal Code (IPC).

Background of the Case:

The deceased, Rekha, married Sahani in 2016. According to the prosecution, Rekha faced persistent cruelty from her husband, primarily due to her inability to conceive a child. The deceased reportedly shared her distress with her family, alleging both physical and mental abuse. On January 12, 2022, she allegedly committed suicide by hanging herself.

Defense Arguments:

Sahani’s defense argued that the FIR was filed with a day’s delay and pointed to a phone conversation between the deceased and her brother on January 12, 2021, a year before the suicide. They contended that this gap indicated a lack of direct abetment and that Section 306 of the IPC was not applicable. The defense also cited Supreme Court judgments, including Mahendra Singh and another v. State of Madhya Pradesh, arguing that mere allegations of harassment do not constitute abetment.

Prosecution’s Objections:

The prosecution opposed the bail, arguing that Sahani might threaten witnesses and tamper with evidence if released. They also expressed concerns that he might abscond.

Court’s Reasoning and Decision:

Judge Agarwal rejected the defense’s arguments, stating that the facts of the cited cases differed from the present one. The court emphasized the allegations of constant physical and mental cruelty spanning several years, specifically the repeated abuse related to the deceased’s inability to conceive.

“Constant physical and mental cruelty can definitely be called an instigation to commit suicide. Therefore, it appears, Section 306 of IPC is applicable,” Judge Agarwal stated in the order.

The court also dismissed the argument regarding the one-year gap between the phone conversation and the suicide, noting that the investigation was still ongoing and the allegations of persistent cruelty could not be dismissed based on a single phone call.

“The allegations against applicant is serious that due to his constant mental torture his wife has committed suicide. Yet investigation is not complete. Therefore, at this stage if accused is released on bail, there is every possibility that he will tamper and hamper with investigation,” Judge Agarwal concluded.

Implications:

The court’s decision highlights the seriousness with which it views allegations of domestic cruelty and abetment of suicide. It underscores the importance of considering the cumulative effect of prolonged abuse in such cases. The rejection of bail reflects the court’s concern that releasing the accused could potentially hinder the investigation and influence witnesses. The case also illustrates the court’s scrutiny of legal precedents and its application of the law based on the specific facts of each case.