can wife severe illness be a reason for husband's bail under section 389(1) cr.p.c

vijay tomar (Querist) 29 January 2009 This query is : Resolved
my query is that if all the male members including husband and two sons of any family be convicted under section 307 and 325 of IPC in a dispute arising out from a property dispute for a period of 5year R.I. along with fine, Can the wife's severe illness(ventricular tachycardia) be a fit reason for bail of husband under section 389 cr.p.c if yes than please suggest some citations regarding that. Its urgent.

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PALNITKAR V.V. (Expert) 29 January 2009
That by itself can not be a ground for bail.So many other factors like gravity of the offence, anticedents of the accused etc are relevant. Apart from even if the HC or the Supreme Court has released some accused in some case that does not become a binding Precedent.

Srinivas.B.S.S.T (Expert) 29 January 2009
It could be one of the reason to move the bail petition but it cannot be a fit reason to grant bail. Its purely discretion of the appellate court, whether to grant bail or not.

adv. rajeev ( rajoo ) (Expert) 17 April 2009
It could be one of the reason, but some times it will not be considered by the court looking in to the nature of the offences.

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