Thane, June 12: The Kalyan Sessions Court on Friday heard in-depth arguments in the anticipatory bail application filed by Jiya Gopalani, the prime accused in the suicide case of environmental activist advocate Sarita Khanchandani, and adjourned the matter to June 16 for passing of orders.
Arguments from the defence
Arguing the anticipatory bail plea filed in March, Gopalani’s counsel contended that the essential ingredients required to establish the offence of abetment to suicide are absent in the present case.
The defence submitted that there was no active participation, instigation, or intentional aid on the part of the applicant that could have led to the deceased taking the extreme step.
The defence further pointed out that all the other accused persons in the case have already been granted bail and sought relief for Gopalani on the grounds of parity.
It was argued that the applicant had herself lodged a criminal complaint against the deceased on August 28, 2025, alleging assault and forceful trespass into her residence, and had merely exercised her legal rights by approaching law enforcement authorities.
Referring to CCTV footage allegedly available from Gopalani’s residence, the defence questioned why the footage had not been produced before the investigating officer despite being accessible to the deceased and the original informant.
The application claimed that the non-production of the footage raises serious doubts about the prosecution’s case and suggests suppression of material evidence. It also alleged that while reliance is being placed on a purported suicide note, direct electronic evidence has been withheld.
The defence further submitted that there was no communication, interaction, or proximity between Gopalani and the deceased before the alleged incident.
It argued that a mere reference to the applicant’s name in the suicide note, without any evidence of contact, instigation, or assistance, would not satisfy the legal requirements for abetment under Section 108 of the Bharatiya Nyaya Sanhita (BNS).
Prosecution opposition
The plea was strongly opposed by the prosecution as well as advocate Purushottam Khanchandani, husband of the deceased. Opposing the application, he submitted that Gopalani has been specifically named in the suicide note allegedly left behind by advocate Sarita Khanchandani before her death on August 28, 2025.
He argued that the note unequivocally attributes to the accused the responsibility for instigating and abetting the suicide and constitutes a dying declaration admissible under Section 32 of the Indian Evidence Act.
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The Vithalwadi Police also opposed the anticipatory bail application, stating that custodial interrogation may be necessary to conduct a thorough investigation and examine all possible aspects of the case.
Next hearing
After hearing all parties, the court reserved the matter for orders and posted it for June 16.
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