Lawstreet Journal

Public outrage cannot be considered as a ground to refuse bail: Bombay High Court [READ ORDER]

Lawstreet Journal 29 Jul 2021 4:14pm

Image courtesy: Lawstreet Journal Judiciary Public outrage cannot be considered as a ground to refuse bail: Bombay High Court [READ ORDER]

On Friday (16/08/2021), the Nagpur bench of the Bombay High court ordered that Bail cannot be refused to douse the collective anger and outrage of society. 

The Bombay High Court observed this while granting bail to an applicant accused of abetment of suicide of a forest officer in the case Vinod Shivkumar v. the State of Maharashtra.

Facts of the case

In the instant case, a complaint was filed by the husband of the deceased officer, upon receiving suicide notes. This led to the filing of an FIR against the accused Shivkumar, who was then the immediate supervisor of the deceased.

Justice Rohit B. Deo said despite the existence of a prima facie case, bail merits to be granted if the offense is not punishable with death or life imprisonment.

The High Court reiterated that while there does appear to be, in favor of the prosecution, the existence of a prima facie case of abetment as would attract the provisions of Section 306 of the IPC, the same cannot be said as regards Section 312 which penalizes voluntarily causing a woman with child to miscarriage.

Perusal of Evidence 

After examining the letters submitted by the prosecution, the High Court noted that the deceased had blamed the accused of continuous and deliberate oppression. The suicide letter also alleged that the deceased was insulted and humiliated in the presence of colleagues and was summoned at odd hours and addressed in inappropriate language. 

In addition, the suicide letter also alleged the threat… Continue Reading...

Tagged: Bombay High Court  
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