The Court directed that the two petitioners, husband and mother-in-law of a deceased, be released on bail by the Sessions Judge in the criminal trial for offences under Sections 498-A and 306 IPC, considering the alleged matrimonial dispute leading to suicide.
Bail to be granted by the Additional Sessions Judge on such terms as deemed just and proper.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
BLAPL No.5443 of 2015
08.12.2015 Heard learned counsel for the petitioners and learned Additional Standing Counsel.
Petitioner Nos.1 and 2 are the husband and mother-in-law respectively of the decease
d. They are implicated in offence punishable under Sections 498-A/306/34, I.P.C.
Learned counsel for the petitioners submits that the allegation regarding demand of
dowry against the petitioners is omnibus in nature, and the deceased committed suicide as she
could not bear the talk in the village about the fact that she is issueless even after seven y
ears of her marriage.
The case is stated to have been committed to the court of sessions in the meantime.
Considered the materials placed by learned counsels for the parties.
Taking into consideration the facts and submission, factum of permanent residence of
the petitioners and the stage of the proceeding, it is directed that each of the petitioners
shall be released on bail by the learned Addl. Sessions Judge, Dharamgarh in C.T. No.56 of 201
5 on such terms and conditions as deemed just and proper.
The BLAPL is accordingly disposed of.
C.R. Dash, J.
rder be granted as per rules.
By order.
2
1 issue framed by the court
Whether petitioners accused of dowry harassment andabetted suicide are eligible for bail in trial proceedings.
Petitioner No. 1
Petitioner No. 2
C.R. Dash
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court