ORISSA HIGH COURT GRANTS BAIL TO ALLEGED LOVER: “ACTIVE ROLE REQUIRED TO BE ESTABLISHED TO HELD SOMEONE LIABLE FOR ABETMENT TO SUCIDE”
By- Neha Virmani.
Justice SK Panigrahi, while hearing the case related to section 306 under IPC (abetment of Suicide), in case of Safi @Somanath Sahu v. State of Odisha, granted bail to the petitioner who was accused u/s 306 under the suspicion of abetting women to suicide with whom he was in relationship.
The single Judge bench while dealing with case discussed the scope of Bail while referring to the landmark case of Dataram Singh v. State of Uttar Pradesh, in which the SC laid down the scope of bail and stated that “the freedom of an individual cannot be curtailed for indefinite period especially when guilty is yet to be Proved.”
Thus, while keeping the scope of Bail laid down by SC, the single bench stated that “it is impossible to comprehend why suicide occur and what was going on in person’s mind while committing such act, thus there is no answer as to why suicide occur and what was going on in person’s mind .”
Thereafter, while stating the judgment of Madras High Court in the case of Maniknadan v. State; where the court stated that: “commitment of Suicide by lover due to love failure, Student due to poor performance, client because the case is dismissed; in all such situations the partner, examiner or the lawyer cannot be held liable.”
Thus, while following the same analogy given by Madras HC, Orissa High Court granted bail to the Petitioner however, in the order the bench clarifies that the trail court shall proceed with the proceeding in a fair manner, uninfluenced by any observation made by the High Court.