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A_man Fighting for Justice (Unemployed)     03 March 2011

Supreme Court's direction for 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? 



 8 Replies

Legal Fighter (Advocate)     04 March 2011

As per my knowledge and understanding, you must get bail from the trial court. If the other party seeks time to file affidavit, you demand for interim bail till then. As the husband is already on bail, you shouldn't have any difficulty in getting the same. Rest trust God, he won't do any injustice.

1 Like

ambrish (service)     04 March 2011

Dear Friend,

You have order  from Supreme court to hear the bail matter on the same day, the lower court would consider your case leniently.

1)     You have to apply for regular bail as there is no other way out.

2)     The Challan and charge sheet must have been filed till date then there is chances for the bail are high.

3)     You appear the male member first and gradually go for female members on different dates.

4)     No body on earth would give you in writing that you will get bail but this is how we try in each case and secure  relief from clients.

Regards

Ambrish, Bhopal.

 

www.advocatelive.com

1 Like

prashant pundhir (Criminal Lawyer)     07 March 2011

Dear friend, 

                      However you have got the same day disposal order from hon.supreme court but in the order a word 

"if possible" is very important . It means that hearing court try it's best to hear and disposed of the bail application . In case if the court is not able to diposed of your bail application same day,you may be send to the jail because it is not a clear same day disposal order .

To protect you from such situation,move one more application to release till the bail application is disposed

of on the personal bond as per the findings of "Amrawati v/s state" and "Lal Kamlendra Pratap Singh v/s state".

Your case is strong and of the bail on the ground of seprate living . Surrender one by one and female candidates at the last . Take one more precaution that the surity amount may be higher and may be send for verification . So keep the cash ready to deposit until the  surities get verified .

1 Like

A_man Fighting for Justice (Unemployed)     08 March 2011

Thanks for the replies. Have few more queries, pls. help.

Is it true that the session court/lower court doesn’t entertain Interim Bail or consider Amrawati v/s state" and "Lal Kamlendra Pratap Singh v/s state" without specific directions from either High Court or Supreme Court?

I am being suggested by the experts in this forum to surrender the male members first but would it not make more sense if my mother who is 58 years old and is also a government servant surrenders first. I think she has more chances of getting an interim bail/regular bail than me. Am I missing something?

I am told by my lawyers that cash cannot be used in bail bonds; it has to be an asset, vehicle or FD.

prashant pundhir (Criminal Lawyer)     08 March 2011

Dear,

             Of course it may be a good and reasonable ground of being an old and sick lady.The 

concern court will see it with mercy . But here are two things . One is that what you will do if the

court rejects the bail application and secondly  the male and young candidates will

not get any benefit of the bail of your mother as they can not take this ground and cant say that

one of the accused is on bail . So if any one the male and young candidate gets bail

either from session or from high court,all will get its benefit . As far as Amrawati v/s state

and lal kamlendra Pratap singh v/s state is concern, it is a law now .So either you can request

to high cort to direct session to give its benefits or directly move an application with your bail

application to get the benefit of the findings . Session cort will no doudt provide you the benefits of

the findings .Cash amount is acceptale untill the varification is done .Also you can move one more

application of "subject to verification" before the session . These all are my used tectits .

1 Like

A_man Fighting for Justice (Unemployed)     09 March 2011

prashant pundhir wrote...
 
 
 
 

 

 

 

"As far as Amrawati v/s state and lal kamlendra Pratap singh v/s state is concern, it is a law now .So either you can request to high cort to direct session to give its benefits or directly move an application with your bail application to get the benefit of the findings"

Thanks Sir. But now that our arrest stay petition has been dismissed both from the High Court & Supreme Court and there is no direction pertaining to Amrawati & Lal Kamlendra Pratap Singh in these judgements other than supreme court directing 'to hear the bail appliaction without any delay if possible on the same day' - What do you think are the chances of getting an interim bail? As said earlier, I am told by my lawyers that without specif mention of Amrawati & Lal Kamlendra Pratap Singh getting an interim bail order is very difficult. Please share your expert opinion on this?

I was there in the court room when the SC judge gave this order. My lawyer asked the judges to specifically mention about interim bail to which the judges replied that they have already taken care of it. When my lawyer insisted on Interim Bail, the bench said to my lawyer that we should not doubt the judgement and kept reiterating that if the petitoners surrender with prioir notice, the concerned court will do all it can to provide you relief the same day.

prashant pundhir (Criminal Lawyer)     09 March 2011

Dear,

              The main accused( husband of deseased ) have got the bail . So now co accused will not face much more difficulties to get bail from session. Only the thing is that the prosecution may seek the time to file the counter affidavit . You move an application for the expediously hearing with the direction of supreme court and in the same application you pray to provide the benefits of Amrawati and lal kamlendra pratap . If court give the time  to procecution , you just ask to leave on personal bond , till the date fixed with an affidavit that on the date fix, you will surrender before the court . Definetly court will release you on personal bond .As far as the matter of varification surities is concern,again give application to accept the FDR or any other bond till the varification is completed . You can also pray to session to provide you the benefits of the findings of both Amrawati v/s state and lal kamlendra Pratap singh v/s state . Specific direction from high court or supreme court is not necessory .

hisifybird (retd)     15 March 2011

Is it so easy to get any one arrested on the basis of mere allegations ? That too those who are far away from the place of suicide ? Some kind of prima facie evidence is necessary or not ?  Are the courts in western countries also like this ? Can any one throw some light on this subject ? It is chilling to hear such things.


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