Criminal Court dismissed a Criminal Petition under Section 438 Cr.P.C. seeking anticipatory bail, holding that the grave allegations ofabetting suicide and grave overt acts made it a fit case to deny bail.
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THE HON’BLE DR. JUSTICE SHAMEEM AKTHER CRIMINAL PETITION No.8474 OF 2017
ORDER :
This petition is filed under Section 438 Cr.P.C. to grant anticipatory bail to the petitioners-A1 to A3 for the offences alleged under Sections 306 and 506 r/w 34 IPC.
1 (2017) 1 SCC 433
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deceased. They had broken the glasses of the auto. The elders directed the petitioners to pay the damages, but the petitioners did not pay the damages to the deceased. Thereafter, the petitioners threatened the deceased to do away with his life and also threatened him to commit suicide, otherwise they will eliminate him. There is also mention in the report that 10 days prior to the death of the deceased during night hours, the petitioners went to the house of the deceased, awakened the de facto complainant and threatened her stating that they would kill her husband. At that time, the deceased was not in the house. The petitioners informed her that they commit murder of her husband, or else, he should commit suicide. It is also on record that on 12.08.2017, between 4.30 P.M. and 6.30 P.M., the petitioners made a telephonic call to the father of the deceased and gave similar threats. Consequently, on 13.08.2017 at 2.15 P.M., the deceased committed suicide in his house by hanging with the help of saree. The allegations are grave and there are specific overt-acts against the petitioners-A1 to A3. Investigation is also in progress. Whether the allegations constitute the offence under Section 306 IPC can only be determined after trial. The decision relied on by the learned counsel for the petitioners has no application to the case on hand. Under these circumstances, it is not a fit case to grant bail to the petitioners under Section 438 Cr.P.C.
6. Accordingly, the Criminal Petition is dismissed.
___________________________ DR.SHAMEEM AKTHER, J
DATED: 07-11-2017 Hsd
3 issues framed by the court
Whether the case is a fit case to grant anticipatory bail under Section 438 Cr.P.C.
Whether the allegations constitute an offence under Section 306 IPC
Whether the decision in Gurucharan Singh V State of Punjab has application to the facts of hand
Colour shows how this judgement treated each authority
GURUCHARAN SINGH V STATE OF PUNJABDistinguished¶5
GURUCHARAN SINGH V STATE OF PUNJAB (2017) 1 SCC 433 · Who else cites this
2 provisions across 2 enactments
PETITIONERS-A1 TO A3
STATE
SHAMEEM AKTHER
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
