Home Judgments & Orders Allahabad High Court Merely Providing Medical Assistance To The Victim, Would Not Absolve The Applicant...

Merely Providing Medical Assistance To The Victim, Would Not Absolve The Applicant From The Guilt Of The Offence Committed: Allahabad High Court

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The Allahabad High Court recently held that merely providing medical assistance to the victim would not absolve the accused from the allegations of abetment to commit suicide.

A criminal Miscellaneous bail application was filed before the court. The judgment was delivered by the single bench of Justice Rahul Chaturvedi, wherein the applicant of the bail application was accused of torturing his wife. The applicant, Sameer Ali Khan was married to the victim (the deceased). The deceased had two marriages earlier and have a son from the first marriage. The sister of the deceased alleged that the applicant physically tortured her and did not allow her to meet her son. Later, on 14.01.2020, the sister of the deceased received a call wherein she was informed that she had consumed poison. An FIR was filed against the applicant under Section 306 IPC.

The counsel for the applicant contended that the deceased wanted to meet her son and when the same was denied by the applicant, the deceased consumed poison. It was the applicant who carried the deceased to the District Hospital and made all efforts to save the life of his wife and provided all necessary medical succour to her. Therefore, the applicant is entitled to bail since he has been in jail since 19.03.2020.

The single judge bench held “The analogy that the applicant has carried his ailing wife to the hospital and provided her all-necessary medical assistance to save her life, would not go to absolve the applicant from the guilt of the offence committed by him. This might be a mitigating factor, but fact remains, that stiff resistance was put by the applicant on her wife not permitting her to even meet with her son. This by itself might have given an emotional jerk and jolt to a mother who cannot even meet or see his son.”

The court further held “Court can easily fathom and gauge the emotion and sentiments of the mother towards her minor son. With this cruel treatment of her husband, the deceased must have suffered with psychological, emotional and sentimental jerk and in this stage of mental turmoil, she has taken this extreme step.”

The court rejected the bail application as the court could not find any valid reason under Section 439 CrPC.

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