Sushmita Lalchand Yadav v. State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL REVISION APPLICATION NO.278 OF 2024 Ms. Sushmita Lalchand Yadav ...Applicant vs.

State of Maharashtra

...Respondent

***** Mr. Anjani Kumar Singh i/b. Mrs.

Shilpa Prashant Gaikwad :- Advocate for Applicant.

Mr. H. J. Dedhia :- APP for State.

***** CORAM : S. M. MODAK, J.

DATE : 28th JUNE 2024 P. C. :- 1.

Heard learned Advocate for Applicant and learned APP. Applicant is charge-sheeted for the offence punishable under section 306 of Indian Penal Code by Khandeshwar Police Station. Allegation is she has abetted suicide of one Sagar Chaudhary who is husband of first informant. Allegation is the deceased was in love relationship with Applicant. The first informant came to know about this fact and she objected. For some time both of them disassociated themselves. It has 1/3

not lasted long. Again they have united. There is allegation of present applicant used to blackmail the deceased and she used to extract money. Due to the frustration and pressure the deceased committed suicide by hanging on 27th February 2021.

2.

The contention of the Applicant is by no stretch of interpretation it can be said that the Applicant abetted suicide by the deceased. Though there is allegation in FIR, it is not substantiated by materials. Her prayer for discharge was rejected by the trial Court on 24th April 2024. (P-281). That is why the present Revision. 3.

There is prayer for stay for the reason that the trial Court is insisted for framing of charge. As per learned APP materials are sufficient to frame the charge. He want to rely upon the Forensic Report about mobile examination of the Applicant and information from Federal Bank. There was an account of the deceased in Federal Bank and there are certain transactions. Correspondence is made with both the authorities in the year 2021 but, the report is awaited. Investigating Officer, who has filed charge sheet, is transferred. 4.

In these circumstances the hearing could not be conducted today. The Applicant needs to be given some protection. Hence order :- 2/3

O R D E R

(i) Let Applicant to file exemption Application before the trial Court and trial Court to grant exemption.

(ii) Let the prosecution to produce the materials if they want. 5.

Stand Over to 26th July 2024.

[S. M. MODAK, J.] by KISHOR VISHNU KAMBLE Date:

2024.07.05 17:18:25 +0530 KISHOR VISHNU KAMBLE 3/3