Charge sheet under sec 306
SL Soni
(Querist) 18 July 2010
This query is : Resolved
Sir, on 1 jul 10 one of my father in laws friend committed suicide by consuming poison in front of my laws house. My father in law and brother in law took him to hospital where he declared dead. Police found a suicide note in which he blamed my father in law for not paying the landed money and also mentioned illegal affairs of my father in with his wife. Police arrested my father in law and send him to jail. Fact- my father in law borrowed money from him but never refused to repay. They have made a mutual agreement on 100 rupees stamp paper on 28 jun 10 on repayment. There is no such illegal affairs as his wife has refused to police. Our defence- we have a xerox copy of agreement. His wifes statement. Sir, please tell us the seriousness of case and can we apply for bail as police has not proceeded the charge sheet to court. Thanking you sir.
Devajyoti Barman
(Expert) 18 July 2010
The allegations seem to be pretty serious. However in the light of the agreement for repayment he should get the bail.
Guest
(Expert) 19 July 2010
If he is in jail, try to get bail as soon as possible without waiting for filing of charge sheet by the police.
It is difficult for the prosecution to prove the elements of abetment of suicide, as hard evidence beyond reasonable doubt is required to prove the nexus between the narrated incidents and the commitment of suicide. Mere refusing the repayment of loan or having adulterous relationship with the victim's wife are not sufficient reasons to prove the abetment of suicide.
SL Soni
(Querist) 19 July 2010
Sir, we appealed in session court for bail but court rejected our appeal by saying that police has not submited the charge sheet to court. Sir, pl suggest us what to do now. Next hearing is on 21 jul 10 in lower court. Thanking you sir
Guest
(Expert) 19 July 2010
If session court rejected, the only option is to goto High Court for bail. But wait for 21 July for submission of charge sheet. Kindly consult your advocate to find out whether statutory bail U/S. 167 of Cr.P.C. is possible in the light of the facts of the case.
