Bombay High Court
ASHOK RAMDAS BHAVSARversusTHE STATE OF MAHARASHTRA
- Decided
- Disposal
- Disposed Off
Holding
The revision application is allowed and the applicants are discharged from the criminal proceedings.
Summary
The applicants sought a revision of the Sessions Court's order rejecting their discharge application in a case alleging they abetted the suicide of a woman due to a property dispute. The prosecution argued that the deceased's suicide was a direct result of a property dispute with the applicants, citing a witness statement that the deceased had previously attempted suicide because of that dispute. The defence contended that the deceased had a history of suicidal tendencies, had previously attempted suicide for personal and family reasons, and that the property dispute had been settled, thus no case existed against the applicants. The Court examined the deceased's statements to police and the delayed witness testimony, finding no allegation against the applicants and noting the suicide stemmed from personal and family stress. Concluding that continuing the trial would constitute an abuse of process, the Court allowed the revision and discharged the applicants from the criminal case.
Issues considered
- Whether the prosecution established a prima facie case against the applicants for abetment of suicide.
- Whether the Sessions Court erred in rejecting the discharge application.
- Whether continuation of the trial would amount to an abuse of process of law.
Subjects
- property dispute
- suicide
- abatement of suicide
- revision
- discharge
- abuse of process
- criminal trial
Judgment
31-REVN-6-2025 (CR).doc
S.S.Kilaje
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL REVISION APPLICATION NO. 6 OF 2025
(1) Ashok Ramdas Bhavsar
(2) Ranjana Dinesh Katale ...Applicants
VERSUS
The State Of Maharashtra & Anr. ...Respondents
_________________________________________________________________
Digitally signed
Mr. Ayush Pasbola a/w Ms. Mrunal Bhide, Mr. Nagraj Tarade and
SONALI by SONALI
SATISH KILAJE
SATISH Date:
2026.09.11
KILAJE 11:12:49
Mr.Kaustubh Salvi, Advocates for Applicants.
+0530
Mr. Sameer M. Mangaonkar, APP for the State.
Mr. Suvarna Yadav, Advocate for Respondent No.2.
_________________________________________________________________
CORAM : SHIVKUMAR DIGE, J.
DATE : 8th SEPTEMBER, 2026.
P.C. :
1. The challenge in this Revision Application is to the impugned
order of rejection of discharge application.
2. It is prosecution’s case that property dispute was going on
between the first informant and the applicants. Due to said property
dispute the mother of the first informant committed suicide by setting
herself ablaze. It is alleged that the said suicide was direct result of the
ongoing property dispute with the applicants.
3. It is contention of the learned counsel for the applicants that the
deceased had suicidal tendencies. On 17.08.2022, she attempted to
commit suicide by swallowing 20 tablets. In her statement before the
police, she stated that her husband was suffering from fits and was not
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S.S.Kilaje
doing any work. She was annoyed and distressed by the burden of
housework. She had been undergoing treatment for these issues for about
one year. Due to this tension, she consumed the tablets. Learned counsel
further submitted that the property dispute with the family members of the
deceased had already been settled. Therefore, there was no question of
the deceased committing suicide due to property dispute with applicants.
There is no case at all against the applicants. However, these facts are not
considered by the learned Judge and requested to allow the application.
4. It is contention of learned APP along with the learned counsel
for the respondent, that there was property dispute between the applicants
and the family members of the deceased. Due to said dispute, the
deceased was under mental stress and due to said tension, she committed
suicide. Learned APP further submitted that the statement of witness
Yogesh Gadri, dated 06.02.2023, shows that on 15.07.2022 the deceased
had jumped into a well but survived. She had reportedly stated to said
witness that she attempted suicide due to the property dispute with
applicants. It supports the prosecution’s case that the deceased committed
suicide because of the property dispute with the applicants, thereby
establishing prima facie case against the applicants. The learned counsel
further submitted that the learned Sessions Judge has passed well
reasoned order. No interference is required in it and requested to reject
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31-REVN-6-2025 (CR).doc
S.S.Kilaje
the application.
5. I have heard both learned counsel. Perused impugned order. It
appears that on 17.08.2022, the deceased attempted suicide. In her
statement before the police, she had stated that she attempted suicide due
to family tension and made no allegation against the applicants. The
statement of witness Yogesh Gadri was recorded on 06.02.2023, wherein
he stated that the deceased had attempted to commit suicide on
15.07.2022. However, this statement was recorded nearby 6-7 months
after the alleged incident and after the suicide attempt on 15.07.2022 the
deceased again attempted to suicide on 17.08.2022. Notably, in her
statement recorded on 17.08.2022, following the incident of 15.07.2022,
the deceased did not stated that she had attempted to suicide due to
property dispute with the applicants. It shows that the deceased had
suicidal tendencies and she committed suicide due to family tension and
not property dispute with the applicants. However, these facts are not
considered by the learned Sessions Judge. Continuing the trial against the
applicants in these circumstances would amount to abuse of process of law
and I pass following order.
ORDER
(i) The Revision Application is allowed.
(ii) The applicants are discharged from the Sessions Case
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31-REVN-6-2025 (CR).doc
S.S.Kilaje
No. 325 of 2023 arising out of C.R.No. 09 of 2023
registered with Satpur Police Station.
6. Revision Application is disposed of.
(SHIVKUMAR DIGE, J.)
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