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Supreme Court releases dowry death case convict on bail after he completes 5 years in prison

The Top Court has noted that the appellant stands convicted for the offenses punishable under Sections 498A and 304B of the Indian Penal Code (IPC) and sentenced to undergo imprisonment for 7 years. The appellant has already undergone more than five years of the sentence. In view of the period of custody undergone by the appellant, the sentence imposed upon the appellant is suspended.

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The Supreme Court on Friday has granted bail to a man convicted and sentenced to undergo 7 years imprisonment for the dowry death of his wife.

The bench of Justice Hemant Gupta and Justice V. Ramasubranian granted bail to Sopan, convicted for the offence of demand of dowry and dowry death of his wife. Sachin Pahwa, advocate for the petitioner Sopan, apprised the Bench that he has already undergone 5 years of his sentence.

The Apex Court noted that the appellant stands convicted for offences punishable under Sections 498A and 304B of the Indian Penal Code (IPC) and sentenced to undergo imprisonment for 7 years. The appellant has already undergone more than five years of the sentence. In view of the period of custody undergone by the appellant, the sentence imposed upon the appellant is suspended.

The Court said, “He be released on bail to the satisfaction of the trial court.”

The Supreme Court Bench of Justice Abhay Manohar Sapre and Justice Uday Umesh Lalit had issued notice on 5.07.2018 to State of Karnataka. Sopan challenged before High Court of Karnataka at Kalibaug way of Criminal Appeal u/s 374 of CRPC against the judgment of conviction and order on sentence dated 7.02.2009 by trial court for the offences under section 498A and 304B of IPC, and Sections 3, 4 and 6 of Dowry Prohibition Act,1961.

The Hon’ble High court affirmed the judgment of the trial court and also directed in terms of sub section 3a of section 6 of Dowry Prohibition Act,1961  to transfer dowry items back to legal heirs of deceased.

The High Court observed that it is not appropriate to conclude that the entire case of prosecution requires to be disbelieved only on this ground. Even though there is a discrepancy so far as the quantum of dowry is concerned, there is no discrepancy so far as the demand of dowry is concerned.

Read Also: Supreme Court issues notice in a bail application filed by accused of murder

The Prosecution avers that the father of the deceased solemnized the marriage of his daughter with Sopan. Negotiations were made in respect of demand prior to marriage. Later on, it was decided that Rs 30,000, 4 tolas of gold, 25 tolas of silver, bed and other things to be given as dowry. Sopan treated her well for a couple of months. Thereafter, Sopan subjected her to cruelty and harassment, for the additional dowry of colour TV, almirah, and Rs 50,000. The wife of Sopan died in a water tank since she was subjected to due to physical and mental harassment.

Source: ILNS

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