498a,306

Querist : Anonymous (Querist) 15 November 2011 This query is : Resolved
can i apply for bail and could it be success.under what provisions i can apply can any one help me.

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ajay sethi (Expert) 15 November 2011
section 306 deals with abetement to suicide . if you have been charged under section 306 IPC , whether accused would be released on bail would depend upon facts of the case .

In case of Sushil Kumar Sharma v. Union of India reported in 2005 AIR
SCW p.3569, the Supreme Court makes it very abundantly clear that mere
harassment or cruelty by the husband or his relatives would not constitute an
offence of abetting the commission of suicide. Supreme Court in four lines has
explained the correct position of law very succinctly. The relevant paragraph is
reproduced herein below :

Basic difference between the two Sections i.e. Section 306 and Section
498-A is that of intention. Under the latter, cruelty committed by the husband
or his relations drag the women concerned to commit suicide while under the
former provision suicide is abetted and intended

Sankaranarayanan (Expert) 15 November 2011
yes you can

Querist : Anonymous (Querist) 15 November 2011
thank you sir.

Rajeev Kumar (Expert) 15 November 2011
Section 306 IPC dealt with abetment for sucide where as 498a is related to the cruelty on a married woman by his husband or the relative of husband, whether the accused be released on bail it totally depend upon the merits of the case

Devajyoti Barman (Expert) 15 November 2011
Without knowing the whole case details it is not easy to comment on the fate of your bail petition.
Generally in cases u/s 306 IPC it is not easy to get the bail.

Arvind Sehdev (Expert) 15 November 2011
I agree with Mr.Barman that it is not easy to get bail in sec.306 but when 306 is attached to a 498a then it is pretty simple....
There are many drama queens in this world....

everything comes down to arguments and drafting of the case....

Get yourself a good lawyer and yes you can get bail...

Shonee Kapoor (Expert) 16 November 2011
Yes You can.

Success rate..... mmmmm 50%, either accepted or rejected.

Actually, It would depend on many factors. Allegations/ Need of custodial interrogation/ any influence on witness/ argumentative powers of your counsel/ disposition of the presiding officer.

Regards,

Shonee Kapoor
harassed.by.498a@gmail.com

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