• Section 304b, 498a

My brother wife got hanged and my brother went to jail already charge sheet as been issued and bail application got rejected in session court here but now next i would like to try at high court who will be best how could i proceed in FIR they have mention that we demanded for dowry around 2lkh and next 2lkh so her daughter died
Asked 7 years ago in Family Law
Religion: Hindu

First answer received in 10 minutes.

Lawyers are available now to answer your questions.

8 Answers

1) did wife leave any suicide note?

2) whether any funds were transferred to your brother account at time of marriage?

3) whether wife was suffering from any mental illness?

4) if bail application is rejected by sessions court file appeal in HC

Ajay Sethi
Advocate, Mumbai
95215 Answers
7611 Consultations

5.0 on 5.0

in your appeal stress on fact that no dowry was demanded or received at time of marriage

2) there is no evidence to back the allegations that 2 lakhs dowry was given at time of marriage

3) wife committed suicide on account of depression

Ajay Sethi
Advocate, Mumbai
95215 Answers
7611 Consultations

5.0 on 5.0

number of lawyers on this website from bangalore having good ratings .

contact any of them

Ajay Sethi
Advocate, Mumbai
95215 Answers
7611 Consultations

5.0 on 5.0

This is clubbed with suicidal death with dowry harassment hence it would take time for granting bail.

However yo may apply for bail once again in the high court.

The other matters can be taken up during trial.

T Kalaiselvan
Advocate, Vellore
85416 Answers
2239 Consultations

5.0 on 5.0

First of all put your best efforts to prove his innocence before the court while arguing for bail and somehow get him enlarged on bail.

The abetment to suicide is a grave offence hence care should be taken while arguing for bail.

The fact is that some people who commit suicide can be classified as psychotic or severely disturbed. And it is only through a gross distortion of the actual circumstances that one could claim all suicides are enacted in a spell of madness.

The victim of suicide may also be the victim of self-expectations that have not been fulfilled. The sense of disappointment and frustration may have much in common with that experienced by the person who seeks revenge through suicide.

Your advocate may quote more such recitals in the bail application argument.

T Kalaiselvan
Advocate, Vellore
85416 Answers
2239 Consultations

5.0 on 5.0

1. You shall have to file bail petition before the High Court finding loopholes in the said charge sheet.

2. Examine the charge sheet carefully and scrutinise the suicide note if any or any evidence referred in the said charge sheet.

3. If any loophole/discrepancy is found in the said charge sheet/evidence your brother is likely to get bail based on benefit of doubt.

Krishna Kishore Ganguly
Advocate, Kolkata
27245 Answers
726 Consultations

5.0 on 5.0

1. When there is no suicide note found to prove your brothers responsibility in the said incidence,he is likely to get bail from the higher court.

2. There has been recent judgment passed by the Supreme Court opining that cause of such emotional act can not be attributed on husband.

Krishna Kishore Ganguly
Advocate, Kolkata
27245 Answers
726 Consultations

5.0 on 5.0

Hi, I do not call this case as dowry death. There were no FIR / dates were given in your question. You can challenge sessions court order. I need to see the charge sheet before i suggest any legal advice.

Thanks,

Adv.Niranjan,

Mobile - ,

Email - [deleted] .

Niranjan
Advocate, Bangalore
844 Answers
9 Consultations

4.9 on 5.0

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer