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BACKGROUND OF THE CASE

  • The wife of the deceased, a 29-year-old woman, filed the present plea.
  • She had challenged the order of Rajasthan High Court dated 09.07.2021, where the court had granted bail to one of the accused, her mother.
  • She had presented that without taking into consideration the critical facts and circumstances which were involved in the brutal murder of her husband on the honour killing case, the court has granted the bail.

DETAILS OF THE PETITION

  • The plea stated that when the petitioner was 6 months pregnant, her husband was shot point blank in broad daylight in front of her.
  • She alleged that the entire plot of killing him was a conspiracy by the parents and her brother along with other co- conspirators.
  • She also said that she was pressurised to abort her child, so that she can be married off to someone else of her caste and community.
  • She mentioned that the High Court had denied her mother’s bail plea twice previously.

SUBMISSIONS MADE BY THE ADVOCATES

  • Senior Advocate Indira Jaising, representing the petitioner submitted all three accused including the petitioner's brother, mother, and now the father has been granted bail by the same judge, following a domino effect.
  • She also stated that the case is on the verge of collapse, in this tragic situation.
  • She informed that both intent and conspiracy was involved and there was presence of the mother at the scene of crime when the sharpshooter fired at the petitioner’s husband.
  • In her submissions she also mentioned that the neighbours protected the girl, or else, the original plan was to kidnap her.

OBSERVATION MADE BY THE COURT

  • After hearing submissions made by Senior Advocate Indira Jaising, the bench comprising of CJI NV Ramana, Justice Surya Kant and Justice Aniruddha Bose issued a notice.
  • CJI Ramana also asked Senior Advocate BK Shukla the anxiety and hurriedness of the issue. And why can’t his client wait till the trial gets over.

DO YOU THINK THE BAIL WAS JUSTIFIED?

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