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Bombay High Court Grants Pre-Arrest Bail To Actor Sahil Khan In Abetment To Suicide Case
Sharmeen Hakim
7 Dec 2021 12:17 PM GMT
The Bombay High Court has granted pre-arrest bail to actor and fitness entrepreneur Sahil Khan in an abetment to suicide and defamation case.The Oshiwara police booked Khan on September 16 on a complaint by Manoj Patil, an award winning bodybuilder, for allegedly instigating him to attempt suicide and defaming him.On Tuesday, Justice Nitin Sambre confirmed the interim protection granted...
The Bombay High Court has granted pre-arrest bail to actor and fitness entrepreneur Sahil Khan in an abetment to suicide and defamation case.
The Oshiwara police booked Khan on September 16 on a complaint by Manoj Patil, an award winning bodybuilder, for allegedly instigating him to attempt suicide and defaming him.
On Tuesday, Justice Nitin Sambre confirmed the interim protection granted earlier. In the event of arrest, Khan is to be released on furnishing a bail bond of Rs. 25,000.
The court observed that prima facie Section 306 (abetment of suicide) of IPC is not made out. Khan, however, has been directed to co-operate with investigators and undertake not to post anything on social media or make public statements against the complainant.
Justice Sambre said that the prosecution would be at liberty to apply for cancellation of bail, if any condition was breached.
The FIR has been filed against Khan and three others under sections 306 (abetment to suicide), 511 (attempting to commit an offence), 500 (punishment for defamation), 506 (punishment for criminal intimidation), 34 (common intention with other accused) of the Indian Penal Code.
According to the FIR, Khan posted defamatory statements against Patil on social media between last year and this year, keeping a past grudge in mind. According to Patil, Khan mentally harassed him and provoked him to attempt suicide.
On September 15, Patil consumed three pills from his medicine pouch and tried to commit suicide. He was rushed to the hospital in time. An FIR was registered the next day against Khan and three others.
The accused first approached the Dindoshi Sessions Court under section 438 of the CrPC for pre-arrest bail. The court granted pre-arrest bail to accused Junaid Kaliwala and Raj Faijdar on September 23, but refused relief to Khan.
Senior Advocate Rajiv Chavan for Khan argued that section 306 was not applicable as Patil was still alive. He argued that section 306 is invoked against a person who abets another's suicide, and the person succumbs. However, the alleged victim has filed the present complaint.
Khan contended that he filed a counter-complaint against Patil on September 20, accusing him of mental harassment by filing a false case.
The prosecution opposed the application saying Patil was earlier working with Khan and had attempted suicide owing to the harassment.
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