Advocate Sushila
Advocate Sushila Ram 10 Oct 2021


A Three Judge Bench of the Hon’ble #SupremeCourt of India comprising of Justices N.V. Ramana, Surya Kant and Hima Kohli passed a Judgment dated 04-10-2021 in the case of Vipan Kumar Dhir v. State of Punjab and another Criminal Appeal Nos.1161­1162 of 2021 (Arising Out Of SLP (Crl.) Nos. 5404­5405 of 2021) and held that the conduct of the #Accused, Gravity of Offence, Societal Impact etc. are grounds to revoke #bail.

In the present case, the Appellant (hereinafter ‘Complainant’), who is the father of the Deceased had lodged an FIR on 02-10-2017 against 7 Accused persons, 4 of whom were members of the in-laws family of the Deceased including the Respondent No. 2, who is the mother-in-law of the Deceased (hereinafter Respondent-Accused). The Complainant alleged that his daughter married the son of the Respondent-Accused on 28­07­2017. Thereafter, the Deceased had to face harassment and was physically tortured by her in-laws on the pretext of dowry demands. His daughter died an unnatural death under suspicious circumstances on 02­10­2017.

On 30­09­2017 the Deceased contacted her father and informed him that she had to face humiliation and abuse because of her failure to meet their dowry demands. The Complainant assured his daughter that he would try to amicably settle the matter. However, that could never happen as on 01-10-2017 poison was administered to the Deceased which led to her unfortunate demise the following morning.

Subsequently, an FIR was lodged and the Respondent-Accused moved an anticipatory bail application before the Sessions Court, however the same got rejected on 21-12-2017.

Dissatisfied, the Respondent-Accused No. 2 (mother-in-law) approached the High Court of Punjab and Haryana (High Court) for a similar relief, however the Petition was dismissed as withdrawn on 08-03-2018. Meanwhile, as she was not cooperating in the ongoing investigation, arrest warrants were issued by the SHO of the concerned Police Station against the Respondent-Accused. However, the arrest warrant could not be executed as the Respondent-Accused had been on the run and was declared an absconder on 23-04-2018 under the provision of Section 82 of the Code of Criminal Procedure (CrPC).

Thereafter, the Court granted anticipatory bail to her younger son on 22-10-2019. Hence, taking advantage of this situation, she filed two Petitions before the High Court for quashing the Order that declared her a ‘Proclaimed Offender’ and further sought the relief of anticipatory bail.

To read more, please visit the link below:

#supremecourt #bail

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