Anticipatory Bail Granted to Mother-in-Law in Dowry Death Case.
12 November 2024
Anticipatory Bail >> Criminal Law | Criminal Appeals & Suspension of Sentence >> Criminal Law | Criminal Trial >> Criminal Law | Dowry death >> Criminal Law
The appellant argues that she was not residing with the deceased at the relevant time and was only a passive presence when her son mistreated the deceased. She also asserts that she cooperated with the investigation and that despite her communications, the authorities did not summon her for questioning.
The State and informant’s counsel argue that the appellant’s non-cooperation led to her being declared a proclaimed offender under Section 82 of the Cr.P.C., and custodial interrogation is necessary based on incriminating evidence.
The court observed that despite the declaration under Section 82 of the Cr.P.C., anticipatory bail should not be automatically denied. After considering the nature of the offence and circumstances, the court granted anticipatory bail to the appellant, with the condition of cooperating in the investigation. The respondents can seek the cancellation of bail if the appellant violates any conditions or if threats to witnesses arise. The appeal was allowed, and the impugned order was set aside, granting anticipatory bail subject to the Trial Court’s conditions.