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SANJAY DHAR
Mohd. Ashraf – Appellant
Versus
UT of J&K – Respondent
JUDGEMENT/ORDER :
1. The instant application for grant of bail has been moved by the petitioners whereby they have sought bail in a case arising out of FIR No. 03 of 2021 for offences under Section 306 of IPC registered with Police Station, Warwan, Kishtwar.
2. The facts leading to registration of the aforesaid FIR are that on 23.07.2021, the Police received an information that one lady, namely, Zahoora Begum, the wife of petitioner Mohd. Ashraf has jumped into river Chenab and her dead body has been recovered from the banks of the said river. The police started inquest proceedings under Section 174 Cr.P.C. and seized the dead body of the deceased. The statements of the witnesses who were acquainted with the circumstances of the case were recorded under Section 175 Cr.P.C.
3. It was found that the deceased was married to petitioner Mohd. Ashraf about 17/18 years back and out of this wedlock, three children were born. It was also found that after some time of their marriage, the petitioner Mohd. Ashraf, his brother Fayaz Ahmad and his sisters Shariefa Begum, Saira Begum and Rafiqa Begum used to taunt the deceased and inflict mental torture and cruelty upon her. They would even compel t
The main legal point established in the judgment is the discretionary nature of granting bail, the requirement of balancing various factors while considering a bail application, and the need to consi....
The presumption of innocence, the right to liberty, and the need to secure the presence of the accused for trial were central legal principles established in the judgment.
The necessity of active instigation or aiding in committing suicide, mens rea, and a direct act intended to push the deceased into committing suicide for conviction under Section 306 IPC.
The approach of the court in granting bail should not be to detain the accused by way of punishment, and material witnesses cannot be easily influenced by the accused.
The main legal point established in the judgment is the requirement of a positive act on the part of the accused to instigate or aid in committing suicide, along with the necessity of mens rea and an....
The need for a clear mens rea and an active act to establish abetment under Section 306 IPC, and the consideration of trial delay due to the pandemic as a factor in granting bail.
The gravity and seriousness of the offence are crucial factors in deciding bail applications.
The court granted bail to the petitioners, emphasizing the lack of specific allegations against them and the application of special provisions favoring women in bail considerations.
The importance of mens rea in establishing instigation for abetment of suicide under Section 306 IPC.
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