A_man Fighting for Justice
03 March 2011 at 16:02
Brief Background: My elder’s brother’s wife committed suicide at her parental house where she had been staying away from my brother for the past 3.5 years. My brother had filled section 9 of the Hindu Marriage Act to bring her back which he later withdrew and filled for a divorce which was still pending. A false case of dowry death (304B & 498A) was filled against the entire family including mother-in-law, brother-in-law (myself), and sister-law (my wife). Fortunately, all of us were staying in different cities and were neither in touch nor have even seen the deceased for the past 5 years. My mother and I had already got legally separated from my elder brother several years back. We had severed all our ties with him & his wife and have also got it published through a notice in the newspapers.
Current Status: My brother (husband of the deceased) surrendered and got bail from the high court after his bail from the lower court was rejected. Meanwhile, we (other family members) tried to get an arrest stay/anticipatory bail from the high court which was rejected. Consequently, we challenged the said order in the Supreme Court which has given the following judgment “The SLP is disposed off. However, it is clarified that if the petitioners apply for a regular bail it should be heard without any delay preferably the same day”
Considering the merits of the case and the fact that the main accused is already bailed out, I hope getting bail would not be difficult. However, our objective is to not let women members go to the jail and this is where I need expert opinion from this forum.
In light of the above order, I believe if we surrender, the session court/lower court would have to hear our petition the same day but there could still be two obvious scenarios wherein we might be sent in judicial custody: (a) if the lawyer from the opposite side in order to delay the bail process seeks time to file the counter (very likely) and (b) if the bail is granted but the amount of bail bond is so high that it requires verification (very likely). It seems the only cure to this is an ‘Interim Bail’.
My question is: Does the above direction from the Supreme Court suffice to get an interim bail if the above two scenarios occur?
Supreme Court's direction on bail in dowry death (304B)
Brief Background: My elder’s brother’s wife committed suicide at her parental house where she had been staying away from my brother for the past 3.5 years. My brother had filled section 9 of the Hindu Marriage Act to bring her back which he later withdrew and filled for a divorce which was still pending. A false case of dowry death (304B & 498A) was filled against the entire family including mother-in-law, brother-in-law (myself), and sister-law (my wife). Fortunately, all of us were staying in different cities and were neither in touch nor have even seen the deceased for the past 5 years. My mother and I had already got legally separated from my elder brother several years back. We had severed all our ties with him & his wife and have also got it published through a notice in the newspapers.
Current Status: My brother (husband of the deceased) surrendered and got bail from the high court after his bail from the lower court was rejected. Meanwhile, we (other family members) tried to get an arrest stay/anticipatory bail from the high court which was rejected. Consequently, we challenged the said order in the Supreme Court which has given the following judgment “The SLP is disposed off. However, it is clarified that if the petitioners apply for a regular bail it should be heard without any delay preferably the same day”
Considering the merits of the case and the fact that the main accused is already bailed out, I hope getting bail would not be difficult. However, our objective is to not let women members go to the jail and this is where I need expert opinion from this forum.
In light of the above order, I believe if we surrender, the session court/lower court would have to hear our petition the same day but there could still be two obvious scenarios wherein we might be sent in judicial custody: (a) if the lawyer from the opposite side in order to delay the bail process seeks time to file the counter (very likely) and (b) if the bail is granted but the amount of bail bond is so high that it requires verification (very likely). It seems the only cure to this is an ‘Interim Bail’.
My question is: Does the above direction from the Supreme Court suffice to get an interim bail if the above two scenarios occur?