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| HC grants bail to sister-in-law of deceased | | Dowry Death Case | |
EARLY TIMES REPORT
JAMMU, Oct 22: Justice Mohd Yaqoob Mir of J&K High Court (Jammu Wing) has granted bail to one Girija Koul sister-in-law of deceased Sunita w/o Raj Kumar who was allegedly involved in dowry death case punishable u/s 302 and 498-A RPC.
According to the police, accused Raj Kumar was married to deceased Sunita, Raj Kumar his mother Raj Rani and sister Girija allegedly harassed the Sunita and were coercing her to get more dowry. Having failed to meet the demands is alleged to have been ill-treatment wherein accused Raj Rani mother-in-law is said to have sprinkled kerosene oil upon Sunita (deceased) whereas Girija is said to have lit match-stick and set her on fire, as a result is alleged to have succumbed to burn injuries. Police Station Domana on April 25, 2010 registered a case against the accused persons u/s 302 (murder) and 498-A (cruelty) RPC and started investigation. The Trial Court granted bail to accused Raj Rani being old lady of 82 years of age and suffering from various ailments but declined to grant bail to Girija Koul. Aggrieved by order of Trial Court, Girija Koul filed this bail application in the State High Court.
The court after hearing Advocates Zainad Shamas Battali, Vasit King and Sajid Iqbal appeared for the petitioner whereas Deputy AG BR Chandan appeared for the state and gone through the case observed that dying declaration, no doubt, is of great essence, but the same has to undergo scrutiny relatable to the mental state of deceased, then the position and the circumstances where under such dying declaration is made and same has to be viewed in totality of the circumstances and the evidenced as shall be brought on record and referred a judgment of the Apex Court regarding the dying declaration and further said that keeping in view all the stated position, exercise of discretion in favour of the petitioner will meet the ends of justice. Inclination to grant concession for the factors, reasons and the law is to advance the ends of justice. This inclination, therefore, would amount to in-balancing the scales of justice. With these observations the High Court allowed the bail petition of Girija Koul and directed the authority to release on bail provided she furnishes the bail bond to the tune of Rs 50000 with two sureties and recognizance bond in the like amount to the satisfaction of Trial on a condition that the petitioner/accused in any manner will not dissuade any witness and will not in any manner hamper the smooth Trial. JNF
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