Bail cancellation - accused may (infact, threatened to) commit suicide.
Shantanu Wavhal
(Querist) 02 December 2013
This query is : Resolved
i m looking for a ruling whereby ....
court has cancelled the bail of accused ...
on the ground that -
The accused may commit suicide if enlarged on bail.
kind request for rulings
FACTS :
i have filed IPC 494, 417 on wife & she is on bail.
marriage already declared void u/s 11 & 5(i) - my civil petition is allowed.
after this judgement, wife filed written application in police station and wanred to commit suicide.
so i want to say in IPC 494 case that :
if her bail is not cancelled, she may harm herself / commit suicide & I wont be able to pursue the IPC 494 case.
kind request for authorities on this topic.
Raj Kumar Makkad
(Expert) 02 December 2013
If a person commits suicide despite of her threatening, you won't be harmed. No citation is required for that purpose.
Shantanu Wavhal
(Querist) 02 December 2013
Gujarat High Court
Payalben vs State on 24 January, 2012
The trial Court has rightly observed in its order that "Further, looking to the special circumstances of this offence, the possibility cannot be ruled out that if the applicant is released on bail, she may commit suicide or her own safety would be endangered as several other coaccused involved in the offence, would try to save themselves from the serious punishment of death sentence or life imprisonment." Learned trial Judge has rightly rejected the bail of the applicant and I am in total agreement with the reasons assigned by the learned trial Judge.
Shantanu Wavhal
(Querist) 02 December 2013
my void wife is accused no 1 and is threatening to commit suicide.
if she does so, my case will be hampered.
so i want to get her bail cancelled. let the legal system prevent her from suicide.
Guest
(Expert) 02 December 2013
Sir whether your intention is to put her back in jail or to save her life
Shantanu Wavhal
(Querist) 02 December 2013
both.
+ third one is : smooth operation of the IPC 494 case filed by me. (i.e. preventing her suicide by putting her in custody / under observation & securing her presence for trial)
:)
Guest
(Expert) 02 December 2013
You could mention about her threat to commit suicide in the next hearing or file a urgent petition regarding her threats.This advise is given only with the intention to save her life moreover you also should be safe any of her notes should not cause harm to you.
ajay sethi
(Expert) 02 December 2013
we dont provide citations
Shantanu Wavhal
(Querist) 02 December 2013
i have filed application to cancel her bail.
Guest
(Expert) 02 December 2013
Since there is a threat do not have any communication directly or indirectly with her
Shantanu Wavhal
(Querist) 02 December 2013
yes sir,
i have absolutely stopped even looking at her.
however, i cant help thinking about the case all the time.
Guest
(Expert) 02 December 2013
Just Relax Go Out and get your mind diverted.More you think of it more you might complicate it.Leave the burden to your advocate.
Shantanu Wavhal
(Querist) 02 December 2013
i m fighting this case PARTY IN PERSON.
Guest
(Expert) 02 December 2013
Atleast you take the advise of friendly advocates or consult the free legal aid centres where you could find senior advocates also take their advise you could always represent in party in person but be with proper guidance especially in filing of documents and during arguements you have to be very careful.Meet them today itself and first set your mind free.
Rajendra K Goyal
(Expert) 02 December 2013
Prey the court accordingly and let the court take a view.
Shantanu Wavhal
(Querist) 02 December 2013
it would have been better if i had some rulings with me - either bombay HC / SC
Shantanu Wavhal
(Querist) 02 December 2013
hasnt it happened earlier before my case ?
no precedents ??
Guest
(Expert) 02 December 2013
To be very frank Mr.Amit I am not able to find a citation which precisely suits you:Bail Cancelled on the grounds of Suicide Threat by the person out in bail;
Shantanu Wavhal
(Querist) 02 December 2013
yuppeeeee
!! i m gonna MAKE a ruling !!
T. Kalaiselvan, Advocate
(Expert) 03 December 2013
Citation is a settled law. Use the provisions of law and see it for yourself whether the court consider considers your plea as a reasonable one and if you succeed, share it with others.
Shantanu Wavhal
(Querist) 03 December 2013
yes sir,
i will post the outcome.
currently, the application is at the stage of hearing.
