Extra-marital affair not sufficient to constitute abetment to suicide: Bombay high court

The complainant said his son, who had died by suicide on September 3, had left behind a note blaming the extra-marital affair between his wife and Gangar for taking his own life

The Bombay high court (HC) has granted interim protection from arrest to an architect, who was booked for abetting suicide of his paramour’s husband, and said extra-marital relationship should not be construed as a “positive act” that instigated his death by suicide.

The dead man's body. Focus on hand (Getty Images/iStockphoto)

Justice Sandeep Shinde said on Wednesday that the Supreme Court (SC) has analysed the requirements for abetment in a 2011 judgement in M Mohan’s case.

“The SC had held that abetment involves a mental process of instigating a person or intentionally aiding a person in doing of a thing and without a positive act on the part of the accused to instigate or aid in committing suicide, conviction (for abetment to suicide) cannot be sustained,” the judge said.

“The alleged relationship (extra-marital) prima-facie cannot be construed as a ‘positive act’ to infer that the applicant (the architect) either instigated and aided the deceased in committing suicide,” he added and granted interim pre-arrest bail to the architect, Ashokbhai Gangar (46).

Gangar had moved the HC apprehending arrest in connection with the crime registered at Badlapur (East) police station. He and the man’s wife were booked for abetting the latter’s death by suicide.

Gangar had moved the HC after an additional sessions judge at Kalyan rejected his anticipatory bail plea on October 8 on the grounds that he was not found living at the address that was mentioned in his anticipatory bail plea.

Besides, the sessions judge also took into consideration that Gangar’s mobile phone was yet to be seized to recover the text messages, which he had allegedly exchanged with the woman.

The HC directed Gangar to hand over his cellphone to the investigating officer (IO) in the case and also share the details of the place, where he is currently living, with the IO.