New Delhi, April 11 (). The Supreme Court on Tuesday granted bail to a 74-year-old lawyer in a case of abetment to suicide in which his son is the main accused.
The father was defending his son who was embroiled in a legal battle with the deceased in connection with a financial transaction.
A bench of Justices V Ramasubramaniam and Pankaj Mittal said: The appellant is an advocate by profession and in fact he is 74 years of age. The allegation against the appellant and three others is that there were financial dealings with the deceased and unable to bear the pressure exerted by the appellant’s son and two others, the victim committed suicide.
It was noted that the appellant along with his son and two others were implicated in the criminal complaint for the alleged offense under section 306 of the Indian Penal Code, 1860 (abetment of suicide). The four accused were taken into custody on November 17, 2022. Final report filed on December 18, 2022.
In its handwritten note, the victim has in fact named the appellant’s son and two others as primarily responsible, the bench said in its order. He has also categorically stated that the appellant had threatened him. The victim allegedly had monetary transactions of Rs 6.50 crore with Satyarth Tiwari and two others. Around 11 cases were registered against the victim under section 138 of the Negotiable Instrument Act, who in turn filed 2-3 cases against Tiwari and others under section 138 of the Negotiable Instrument Act.
Advocate Namit Saxena, representing Ramesh Chand Tiwari, submitted: The petitioner, an experienced advocate, is a senior citizen aged about 74 years and father of Satyarth Tiwari. In all the above matters, the petitioner herein is represented by and is represented by the learned counsel for Satyarth Tiwari. Tiwari moved the apex court challenging the Rajasthan High Court order which had denied him bail.
Tiwari’s plea said: On the unfortunate date of November 16, 2022, the victim shot himself with his licensed pistol. An FIR was registered by the brother of the deceased against Satyarth Tiwari (and others) under section 306 of IPC..and the petitioner was also named in the FIR as he was the advocate of Satyarth Tiwari.
The petition states that during investigation, the investigating agency produced an undated suicide note seized on November 19, 2022 and the name of the petitioner was not there in that suicide note. The Bench said: This is not a case where continued imprisonment of the appellant is necessary, especially after the filing of the final report. The appeal is, therefore, allowed and the impugned order is set aside. The appellant is directed to be released on bail on the terms and conditions imposed by the trial court. Bail on such terms and conditions as may be imposed by the trial court. Pending application(s), if any, will be disposed of.
Recently, Rajasthan created history by becoming the first state in the country to pass a law to ensure the safety of lawyers. On March 22, 2023, the Rajasthan Legislative Assembly decided to pass the Advocates’ Protection Bill, which will now be known as the Advocates’ Protection Act 2023.
The objective behind the act is to prevent lawyers from assault, grievous hurt, criminal force and intimidation and also any damage to their property will also be covered by the bill.
KC/ANM
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