SC Grants Bail To Husband Of Deceased U/s. 304-B IPC With Restrictions Over Potential Harassment To Sister-In-Law
The Supreme Court has granted bail to a husband-petitioner accused under Sections 498-A and 304-B of the Indian Penal Code, 1860. The bench while granting bail considered the fact that most of the vital witnesses have been examined and conclusion of trial will take some time. However, since the sister of the deceased-wife was married to the brother of the petitioner, and stayed in the same house, therefore, the Court directed him to stay outside the Jaipur City to avoid potential harassment to her as a witness.
Justice Surya Kant and Justice Dipankar Datta heard the matter.
Senior Advocate Siddharth Dave appeared for the petitioner, and Advocate Akram Khan appeared for the respondent.
The issue came up before the Court in a Special Leave Petition (SLP) challenging an order of the Rajasthan High Court, Jaipur, where it had denied bail to the petitioner.
In the present matter, the marriage was solemnized between the petitioner and his deceased-wife in 2015, but the deceased went to her matrimonial home on January 31, 2021. The wife, however, died an unnatural death on July 10, 2021.
Pursuant to which an FIR was registered on a complaint made by the parents of the deceased alleging that the petitioner and his parents used to mentally torture the deceased for demand of additional dowry.
Although, the petitioner claimed that the deceased committed suicide by consuming poison while relying upon the FSL report.
The petitioner was then released on bail by the High Court on October 27, 2021 i.e. within a period of four months of the occurrence.
However, the said order was set aside by Apex Court through an order dated May 13, 2022 though was granted liberty to move an application for bail afresh before the High Court.
Thereafter, the petitioner again applied for bail but vide impugned order, the same was declined.
On March 29, 2023, it was informed that the trial has commenced and Asifa, sister-in-law of the petitioner, Tabassum Bano, wife of the brother of the deceased and Mohammed Talib, brother of the deceased be examined on the date fixed and the petitioner’s prayer for bail could be considered only after their depositions. Accordingly, the Trial Court was directed to examine those witnesses.
Eventually, the Court was informed that 19 out of 30 witnesses have since been examined. It is further stated that all the private witnesses have been examined and only official witnesses are left. It was further submitted that the petitioner has been in custody for around 15 months.
Therefore, considering the submissions made by both the parties, the bench thus observed, “Taking into consideration the fact that most of the vital witnesses have since been examined and conclusion of trial will take some time, but without expressing any opinion on merits, the petitioner is directed to be released on bail, subject to his furnishing bail bonds to the satisfaction of the Trial Court”.
However, the Court restricted the petitioner from entering the city due to the potential harassment to the witness residing in his house.
Resultantly, considering the peculiar facts and circumstances of the case, the bench requested the High Court to conclude the trial expeditiously.
Cause Title: Sajid Khan v State of Rajasthan & Anr.
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