Tuesday, July 30, 2013

Bail ! Bail ! Wife with infertility prblms commits suicide.husband arrested runs for rglr bail! Granted! 306, 498a Case to run as long as it takes !

Bail ! Bail ! Wife with infertility problems commits suicide.husband arrested runs for regular bail! Granted! 306, 498a Case to run as long as it takes !

Important points / learning
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* marriage four years before incident
* wife suffering from infertility problems and depresion 
* husband used to provide medical treatment with reference to gynecological problem
* police records also show that so called dowry money invested in the joint names of husband and wife !!
* unfortunately wife commits suicide by hanging 
* looks like the husband in cooler (he is seeking regular bail) 
* Defence argues that "...It is submitted that if defence version and version of prosecution is contrary and if there is some substance in the defence, then, accused is entitled to get bail. ...."
* after a lot of deliberation bail granted

* men are committing twice as many suicides as women ... does anyone care ???




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This judgment and other similar judgments posted on this blog was / were collected from Judis nic in website and / or other websites of Govt. of India or other internet web sites like worldlii or indiankanoon. Some notes are made by Vinayak. This is a free service provided by Vinayak (pen name). Vinayak is a member of SIF - Save Indian Family Foundation. SIF is committed to fighting FALSE dowry cases and elder abuse. SIF supports gender equality and a fair treatment of law abiding Indian men. Should you find the dictum in this judgment or the judgment itself repealed or amended or would like to make improvements or comments, please post a comment on the comment section of the blog or write to e _ vinayak @ yahoo . com (please remove spaces). Vinayak is NOT a lawyer and nothing in this blog and/or site and/or file should be considered as legal advise.

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CASE FROM JUDIS DOT NIC DOT IN SITE 
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

CRIMINAL MISC.APPLICATION No. 15755 of 2011

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DHARMESH RADHESHYAM SHARMA Applicant(s)

Versus

STATE OF GUJARAT Respondent(s)

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Appearance :

MR SV RAJU, SR. ADVOCATE FOR MR BHADRISH S RAJU for Applicant(s) : 1,
MS KRINA CALLA, ADDL. PUBLIC PROSECUTOR for Respondent(s) : 1,
MR JB DASTOOR for Respondent(s) : 1,

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CORAM : HONOURABLE MR.JUSTICE MD SHAH

Date : 31/01/2012

ORAL ORDER

[1] By way of present application, filed under Section 439 of the Code of Criminal Procedure, 1973, the applicant has prayed to release him on regular bail in connection with C.R.No.I202 of 2011 registered with Isanpur Police Station, Ahmedabad for the offence punishable under Sections 306, 498A and 114 of the Indian Penal Code and under section 3 and 7 of the Dowry Prohibition Act

[2] It is alleged that deceased was married to present applicant before four years and she stayed with her husband and father in law on the first floor and on the other floor brother in law and wife of brother in law were staying in the same building. It is alleged that father in law, brother in law and wife of brother in law of the deceased used to instigate present applicant against deceased by taunting that she did not bring anything from her matrimonial house. It is alleged that there was constant demand of dowry for buying house and shop. It is alleged that submitted due to mental and physical cruelty on her by the accused persons, the deceased committed suicide by hanging herself with the help of Saree in the house of the present applicant on 05.08.2011.

[3] It is submitted by Mr.S.V.Raju, learned Senior advocate appearing for the applicant that incident took place after four years of marriage. From the plain reading of complaint, prima facie no case is made out under sections 498A, 306 and 114 of the Indian Penal Code as well as under section 3 and 7 of the Dowry Prohibition Act. It is submitted that so far as allegation in reference to dowry and cruelty are concerned, they are vague and general in nature and so ingredients of section 107 of Indian Penal Code are not attracted and no offence is made out. It is submitted that as deceased was not able to conceive and as she was having some gynecological problem, she was under depression and therefore, she committed suicide. It is submitted that deceased was already under treatment for infertility problem and therefore, she was not able to conceive and said treatment was provided by the present applicant which shows that applicant is not involved in the crime and false allegations are made. It is also submitted that father of the deceased invested Rs.1 lac by way of F.D. in his name as well as in the name of his wife, which shows that applicant has not committed crime and nominee of the said F.D. is deceased.

[3.1] It is submitted that if defence version and version of prosecution is contrary and if there is some substance in the defence, then, accused is entitled to get bail. It is also submitted that maximum sentence for the alleged offence is ten years. Mr.Raju, learned Senior advocate for the applicant has relied upon following decisions in support of above submission 

1. Gurcharan Singh and ors. V/s. State (Delhi Administration) reported in (1978) 1 SCC 118.

2. M.P.Lohia v/s. State of W.B. And Anr. Reported in (2005) 2 SCC 686

3. Sanjay Chandra v/s. CBI reported in 2011 STPL (Web) 1006 SC

4. Preeti Gupta and Anr. v/s. State of Jharkhand reported in (2010) 7 SCC 667.

[3.2.] Making above submissions and relying upon above decisions, it is requested to grant bail to the applicant.

[4] It is fairly submitted by learned APP on instructions that husband of the deceased used to provide medical treatment to the deceased with reference to gynecological problem. 

[5] This Court has perused police papers. It has come on record that so far as demand of Rs.1 lac is concerned, father of the deceased invested the said amount in LIC Market Plus – I in the year 2010 in his name as well as in the name of his wife.

[6] This Court is in agreement with the ratio laid down by the Hon'ble Apex Court in the decisions relied by the learned senior advocate for the applicant. Now so far as submission of the learned senior advocate for the applicant that that if defence version and version of prosecution is contrary and if there is some substance in the defence, then, accused is entitled to get bail is concerned, in the present case, it is true that applicant was providing treatment to deceased with reference to gynecological problem.

full case on the link below