Wednesday, December 6, 2023

Supreme Court issues notice in plea of man in jail for 5 years in dowry death case

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The Supreme Court has issued notice in the plea of an accused who has been incarcerated for 5 years without the conclusion of the trial. The bench of Chief Justice N.V. Ramana, Justice Surya Kant and Justice Hima Kohli issued notice in the petition which has been filed by the accused aggrieved by the order passed by the High Court of Allahabad which had rejected the bail application.

The accused was charged under Sections 498A and 304B of IPC and Section 3/4 DP Act. The bail application of the petitioner which was rejected by the High Court has been filed primarily on the ground that the applicant has suffered incarceration since 2015 and the trial has not yet been concluded.

The bail application was rejected after noticing that the petitioner is the husband of the deceased; the deceased had died an unnatural death within seven years of marriage and there was allegation as regards demand of dowry and harassment of the deceased. Further, the submission of the counsel for the petitioner is that it is not a case of dowry demand but a case of accident.

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In 2017, the High Court while rejecting bail observed that the petitioner has suffered under-trial incarceration of over two years by now, the bail application was disposed of by requiring the trial court to conclude the trial, expeditiously, within a period of six months from the date of production of certified copy of the impugned order.


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