Created by Fuzzy Cloud

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


                                                                    Page 1 of 4
                                                           31-REVN-6-2025 (CR).doc

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



                                      Page 2 of 4
                                                          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



                                      Page 3 of 4
                                                       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.)




                                  Page 4 of 4


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.