Supreme Court's direction on bail in dowry death (304B)
A_man Fighting for Justice
(Querist) 03 March 2011
This query is : Resolved
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?
M V Gupta
(Expert) 05 March 2011
You better surrender before the trial court and apply for bail. Having regard to the facts narrated by you and the directions given by the Hono'ble Supreme Court, the trial court would most probably grnat u bail on the same day. However u have to take the chance. If u do not surrender, then u may lose the sympathy of the Court, and also the benefit of the SC order. At any rate how long u will remain absent from the trial court and face the prospect of being arrested by the Police from ur residence?
indrajit mukhopadhyay
(Expert) 05 March 2011
Dear
a petition will be heard on the same day does not mean that the bail will be granted on the same day from lower court.After surrendering before lower court , court may cal for the cd and if in cd there is no prima fasci allegation against you then your bail may be considered.Mind you it's a sessions triable case.And I think interim bail in such type of case is very hard to get.But don't waist time ,get surrender quickly,how long will you avoid arrest?
