Bail u/sec 302,211 ipc

jatin sharma (Querist) 26 March 2012 This query is : Resolved
HI, my client is booked by police U/sec 302,211 of IPC Act. the facts of the case is that he was in relation with deceased after marriage.the police had got phone record which is show that at time of incident his mobile location was at same place where she was residing.but my client said to me she was called me at home.but i was denied her request,she threatened me if i will not come she will kill herself.but when he was reached there she was hanged herself on fan with sarre.he was scared and hang out her body from fan and lay-down on bed and take her mobile which had some pics both of them and run away from the spot. after 15 day of fir the police arrested him.the mobile is not recovered by police from him .Is there any authority or citation which can help me granting his bail (case is belong to punjab state)
thanks in advance

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Adv.R.P.Chugh (Expert) 26 March 2012
Dear Colleague,

The case looks to be purely based on circumstantial evidence. Though at the time of grant of bail the court looks at the matter prima facie, you'd have to cull out things from the case only.

These are things that you can use :-

i) The Post-Mortem Report - would show the cause of death as asphyxia due to hanging i.e a case of suicide and not a homicidal death.

Can a average male - hang the woman without any resistance on her part ? Any other Injuries on Body ? or was she administered any stupefying substance before that to lull her and then hanged? If yes is it reflected in the report - any substance in blood ?

Things that the prosecution might emphasise to oppose the bail :
i) Last Seen together (Species of Opportunity) S.7/106/114 Indian Evidence Act, accused's burden to prove what happened that day ?

ii) Subsequent Conduct of the accused in absconding ? why did he abscond ? influences by Fact in issue - the murder ?

iii) Since the mobile is not recovered the police is likely to seek police custody for the recovery of mobile.

iv) A possible motive - extra marital affair - did she threaten to tell his wife ? S.8 Indian Evidence Act - strained relations on account of it ?

These are merely pointers - work on the fine details.

Best of Luck !