Bombay High Court
Sumit Kumar Niranjan Prasad RoyversusState of Maharashtra
- Decided
- Disposal
- Disposed Off
Holding
The Court held that no case was made out against the applicants and quashed the order rejecting their discharge, thereby discharging them.
Summary
The applicants sought discharge in a criminal case where the daughter of the first informant had allegedly committed suicide, purportedly due to harassment by the applicants. The prosecution alleged that the applicants caused mental and physical harassment leading to the suicide, while the applicants contended they were falsely implicated and were not residing with the deceased at the time of the incident. The learned Sessions Judge rejected the discharge application, but on revision the High Court noted that the alleged harassment occurred two to three years before the suicide and the deceased was not staying with the applicants, and a brother's statement indicated no complaint. Finding no case against the applicants for abetment of suicide, the Court quashed the Sessions Judge's order and discharged the applicants. The revision application was allowed and disposed.
Issues considered
- Whether the applicants can be held liable for abetment of suicide under criminal law given the temporal gap and lack of proximate involvement.
- Whether the discharge application should be allowed in view of the evidence presented.
Subjects
- suicide
- abetment
- discharge
- revision
- criminal procedure
- false implication
Judgment
40-REVN-239-2026 (CR).doc
Shubhada S Kadam
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL REVISION APPLICATION NO. 239 OF 2026
1. Sumit Kumar Niranjan Prasad Roy
2. Arti Sumit Roy
3. Ramesh Kumar Sagar Rai ...Applicant/s
Versus
1. The State of Maharashtra
2. Vinodkumar Firangi Rautrao ...Respondent/s
_________________________________________________________________
Mr. Raviraj Gamare along with Mr. Narendra Soneji, Advocates for
Applicants.
Mr. B. B. Kulkarni, APP for Respondent No.1-State.
Mr. Prashant Laxman Rathod, Advocate for Respondent No.2.
_________________________________________________________________
CORAM : SHIVKUMAR DIGE, J.
DATE : 5th OCTOBER, 2026.
P.C. :
1. The challenge in this application is to the impugned order
SHUBHADA
SHANKAR
KADAM passed by the learned Additional Sessions Judge-4, Kalyan, whereby the
Digitally signed by
SHUBHADA
SHANKAR KADAM discharge application of the applicants was rejected.
Date: 2026.10.06
18:32:17 +0530
2. It is prosecution's case that the daughter of the first informant
committed suicide by hanging. It is alleged that the said suicide was
committed due to mental and physical harassment caused by the
applicants.
3. It is contention of learned counsel for the applicants that the
applicants have been falsely implicated in this case. At the time of the
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40-REVN-239-2026 (CR).doc
Shubhada S Kadam
incident, the deceased was not staying with the applicants. The alleged
allegations of harassment were prior to two to three years of the incident.
However, these facts are not considered by the learned Sessions Judge and
has passed the impugned order. No case is made out against the
applicants, and requested to allow the application.
4. It is contention of learned APP that there are specific allegations
against the applicants that due to the mental and physical harassment
caused by them, the deceased committed suicide. Learned Sessions Judge
has passed a well-reasoned order and no interference is required in it, and
requested to reject the application.
5. It is contention of learned counsel for the first informant that
the complaint was filed due to misunderstanding. There was no mental or
physical harassment caused by the applicants to the deceased. The first
informant has filed an affidavit in reply stating that he has no objection to
allowing the application, and requested to pass appropriate orders.
6. I have heard all learned counsel, perused impugned order and
documents produced on record. Admittedly, at the time of the incident, the
deceased was not staying with the applicants, and the alleged allegations
of harassment are prior to two years of the incident. The statement of
witness Rohitkumar Vinodkumar Rai, brother of the deceased, shows that
he has no complaint regarding the suicidal death of his sister. As the
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40-REVN-239-2026 (CR).doc
Shubhada S Kadam
applicants were not staying with the deceased at the time of the incident,
and the alleged allegations against the applicants are prior to two years of
the suicide, it cannot be said that the applicants were involved in the
abetment or instigation of the suicide. However, these facts are not
considered by the learned Sessions Judge. No case is made out against the
applicants. Considering these facts, I pass following order:
ORDER
(1) The impugned order dated 24th April 2026 passed by the
learned Additional Sessions Judge-4, Kalyan, below Exhibit-11
in Session Case No.52 of 2022 is quashed and set aside.
(ii) The applicants are discharged in Sessions Case No.52 of 2022
The revision application is allowed in above terms and disposed
of.
(SHIVKUMAR DIGE, J.)
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