Friday, December 26

Mumbai: A local court has granted anticipatory bail to the siblings of Maharashtra minister Pankaja Munde’s personal assistant, who was arrested in connection with the alleged abetment to suicide of his doctor wife. The court observed that the allegations against the siblings were vague and lacked specific instigation.

Background of the Case

The deceased, a dentist employed at the civic-run KEM Hospital, died by suicide at her residence in Worli. Police said the incident allegedly followed ongoing domestic disputes. The death led to a complaint being filed by the doctor’s relatives.

Family Members Booked

Following the complaint, the woman’s husband Anant Garje and his siblings Shital Garje Andhale and Ajay Garje were booked in the case. Anant Garje is currently in the custody of the Special Investigation Team probing the matter.

Pre-Arrest Bail Plea

Apprehending arrest, Shital Garje Andhale and Ajay Garje approached the court seeking anticipatory bail. Their plea was heard by additional sessions judge R J Pawar, who granted them pre-arrest protection.

Supreme Court Principles Cited

In the detailed order, the court referred to multiple rulings of the Supreme Court, which have consistently held that for abetment of suicide, there must be clear and direct instigation, provocation, or incitement by the accused.

Lack of Specific Instigation

The court noted that mere allegations of harassment or ill-treatment, without a direct and alarming act of instigation, are not sufficient to constitute abetment. It stressed that instigation must be specific and intentional.

Limited Allegations Against Siblings

As per the complaint, the only allegation against the siblings was that they informed the deceased about her husband’s alleged extra-marital affair and suggested that she adjust, failing which a second marriage could take place. The court held that this did not amount to abetment.

Custodial Interrogation Deemed Unnecessary

The judge concluded that the accusations against the applicants were general and non-specific, with no evidence of conspiracy or intentional aid. Observing that custodial interrogation was unwarranted, the court allowed their plea for anticipatory bail while emphasising the need for thorough investigation into the cause of death.

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