Supreme Court grants bail to 74-year-old lawyer in abetment of suicide case

New Delhi: The Supreme Court on Tuesday granted bail to a 74-year-old lawyer in a case of abetment of suicide case, where his son is a prime 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. Ramasubramanian and Pankaj Mithal said: "The appellant is an advocate by profession and is actually 74 years of age. The charge against the appellant and three others is that there was a financial transaction with the deceased and that unable to bear the pressure exerted by the appellant's son and two others, the victim committed suicide."

It noted that appellant was implicated along with his son and two others in a criminal complaint for an alleged offence punishable under Section 306 of the Indian Penal Code, 1860 (abetment of suicide). All the four accused were taken into custody on November 17, 2022. A final report was filed on December 18, 2022.

The bench, in its order, noted, "In the hand written note, the victim has actually named the appellant's son and two others as primarily responsible. He has also stated expressly that the appellant threatened him."

The victim allegedly had monetary transactions with Satyarth Tiwari, and two others to the tune of Rs 6.50 crore. Around 11 cases u/s 138 of the Negotiable Instruments Act, were instituted against the victim, who in turn had also lodged 2-3 cases u/s 138 of the Negotiable Instruments Act, against the Tiwari and others.

Advocate Namit Saxena, representing Ramesh Chand Tiwari, submitted: "That the petitioner herein, a seasoned lawyer, is a senior citizen aged around 74 years and happens to be the father of Satyarth Tiwari. That in all the above said cases, the petitioner herein is the advocate for Satyarth Tiwari and is representing him."

Tiwari moved the apex court challenging Rajasthan High Court order, which declined to grant him bail.

Tiwari's plea said: "On the unfortunate date of November 16, 2022, the victim shot himself from his licensed pistol. That an FIR was lodged by the brother of the deceased u/s 306 IPC against Satyarth Tiwari (and others)... and the petitioner herein was named in the FIR as well simply because he was the advocate for Satyarth Tiwari."

The plea stated that during investigation, the investigating agency produced an undated suicide note seized on November 19, 2022, and the petitioner was not named in that suicide note.

The bench said: "This is not a case where the continued incarceration of the appellant is necessary, especially after filing of the final report. Hence, the appeal is allowed and the impugned order is set aside. The appellant is directed to be released on bail on such terms and conditions as imposed by the trial court. Pending application(s), if any, shall stand disposed of."

Recently, Rajasthan made 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 Assembly decided to pass the Advocates Protection Bill, which will now be implemented into an act known as the Advocate Protection Act 2023.

The aim behind the Act is to prevent lawyers from assault, grievous hurt, criminal force and intimidation and also any damage or loss to their property would also be covered by the bill.