Sameer 14 June 2017

How court decides charges for listening to bail plea

Hi A false complaint has been lodged by the deceased woman's parents against the in laws. They said that the woman while at hospital gave them a statement that everyone together burnt her. The police hence filed the case as 498A/302/34. While investigation and witnesses, nothing as murder has come out. And the deceased did not give any statement, neither to police not to doctor as she received 80% burns. But the doctor hasn't given the certificate yet. How will hc decide anticipatory bail plea of in laws. Will they look upon it as a 302 case or as a supposedly 306 one ? P.S.:- Lower court already rejected AB.

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Arjun Kohli 23 June 2017

306 is actually Abetment of Suicide. Kindly refer to the grounds that the lower court has laid down for rejecting the Anticipatory Bail. Anticipatory Bail is a matter of discretion and various guidelines and factors have to be observed by the Courts before granting the same. By observing the grounds cited for denial and with sound legal counsel, I believe they might be able to make a better case for the Anticipatory Bail in Higher courts. It is the discretion of the appellate court to assess from the order of the lower court, as well the circumstances and case made out by the accused, to grant bail or not.

Factors u/s 438 of CrPC as well as guidelines laid down in the landmark judgment of Gurbaksh Singh Sibbia v State of Punjab (AIR 1980 SC 1632), are important.