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Vinod Adhikari (Admin Manager)     11 January 2013

Bail rejected by high court

What would be next procedure in case bail is Rejected by the High court in dowry case. Can it be applied in the supreme court



Learning

 5 Replies

Sumanth Nookala (Lawyer)     11 January 2013

You can apply again in High Court or approach Supreme Court


(Guest)

On what  ground it was rejected?

Were their any other cases with 498a?

sharma (ADVOCATE)     11 January 2013

eloborate the reasons with case details to solve the issue

Vinod Adhikari (Admin Manager)     11 January 2013

This refers to an article published in TOI. I am studing all this and preparing my homework as i might also be a Victiom very soon.

 

Bail rejected in dowry case

 

GURGAON: The Punjab and Haryana high court has dismissed a bail application of Gurgaon resident involved in dowry harassment case registered by the victim recently.

The petitioner Akshay Pupreja had moved to the high court seeking bail after the lower court in Gurgaon had rejected the similar bail application. The victim had registered an FIR against the petitioner on 25 November under section 498 A at Sector 5 police station.

 

The victim submitted in the court that she was married to the petitioner on March 9, 2012 in which sufficient dowry was given. The victim alleged that her husband and his family members were not satisfied with the dowry. The victim has also alleged that she was treated with cruelty and harassed on account of dowry. The court was informed about the specific allegations of cruelty being committed the victim's husband. The problem of marital discord over dowry had started after two months of the marriage and the victim had also lodged a complaint.

In the court, the victim also alleged that petitioner earned nothing and he used to beat her after drinking liquor. The victim also alleged that her husband had only intention to snatch her monthly salary, savings, fixed deposits. The FIR was lodged after the police enquiry into the allegations. After hearing arguments of both the petitioner and the state government council, the court held that it was not a case in which extraordinary relief of anticipatory bail should be granted to the accused. On December 13, the court ordered that without expressing any opinion on the merits of the case, the present petition filed by petitioner Akshay Pupreja is dismissed being devoid of any merit. Now after the court's order the accused will now have to join police investigation and face the trial in court in Gurgaon under the different Indian Penal Code sections as mentioned in the FIR registered by the victim.


(Guest)

An appeal to the SC is the only efficacious remedy available if the HC has rejected AB application. Else the accused would have to go to jail and apply for regular bail in the trial court.

 


Ashish Davessar

 

Advocate

Supreme Court of India

Punjab and Haryana High Court

District Courts, Amritsar & Chandigarh

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