• Bail

My sister-in-law married for more than 12 yrs got suicide hanging herself 60 days ago. Mom and another sister-in-law found her hanging and during freeing her she got fallen,and rushed to hospital . after reaching hospital it declared dead. due to fall down from up  in autopsy little injury found on head and ab domain.Fir was lodged against my parents and two brothers. Now my two brothers are under judicial custody. parents are absconding as to take care my brother's two little child (7yrs and 4 yrs). Now applying for bail. What to do kindly give your valuable advice. charge sheet not yet produced. Fir was lodged against 498 and abatement to suicide.
Asked 4 months ago in Criminal Law from Kolkata, West Bengal
Religion: Hindu
1)whether any suicide note was left by SIL ? 

2) your parents should apply for anticipatory bail in sessions court 

3) court would grant parents AB 

4 ) your 2 brothers should apply for bail before trial court 

5) The court may consequently grant the bail subject to various conditions, including:

(i) a condition that the person shall make himself available for interrogation by a police officer as and when required;
(ii) a condition that the person shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer;
(iii) a condition that the person shall not leave India without the previous permission of the Court;
(iv) such other condition as may be imposed under sub- section (3) of section 437, as if the bail were granted under that section.

Failure to abide by any of the conditions laid down by the court amounts to immediate cancellation of the bail leading to arrest by the police.
Ajay Sethi
Advocate, Mumbai
23120 Answers
1214 Consultations
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Bail is always difficult in a case of this nature where the accusation is murder or abetment to suicide. If at all bail is granted  it will be granted only by the HC and not courts below it.  You have to show that the allegations contained in the FIR are false to obtain bail, anticipatory or regular.
Ashish Davessar
Advocate, Jaipur
18058 Answers
445 Consultations
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The bail may have been rejected because you were absconders 

2) it is better for parents to surrender and apply for bail 

3) considering that parents are senior citizens court may be inclined to grant them bail 

4) since brothers are in judicial custody police have to complete investigations as soon as possible and submit charge sheet 
Ajay Sethi
Advocate, Mumbai
23120 Answers
1214 Consultations
5.0 on 5.0
AB can be filed and obtained so long as the accused has not been arrested. Since your parents have not been arrested thus far they may move the SC for anticipatory bail. Once they are arrested they are likely to be in jail for months, at least so long as the evidence is not required, so all the legal remedies up to the highest court of India should be exhausted
Ashish Davessar
Advocate, Jaipur
18058 Answers
445 Consultations
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Immediately file a bail petition before supreme court as the hc dismissed the same.
Or surrender is the option left for your parents.

Feel free to call
Nadeem Qureshi
Advocate, New Delhi
3522 Answers
129 Consultations
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1. Was there any complaint lodged by the family members of your said sister in law?

2. It is now found that her death was not for hanging but for falling from the hanging position while she was being freed by your mother and another sister in law,

3. What has been mentioned in the FIR? What are the charges? 

4. Your parents are to apply for Anticipatory Bail immediately,

5. You are required to negotiate with the IO to ensure that he submits diluted charge sheet,

6 You are also required to negotiate with the public prosecutor to ensure that he does not object to the AB application hearing during the hearing, 

7. Before which Court the matter is being heard?

8. Engage a local lawyer having expertise in this field who can handle police IO and also the PP.
Krishna Kishore Ganguly
Advocate, Kolkata
12043 Answers
228 Consultations
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1. Negotiate with the police through your lawyer as suggested in my earlier post,

2. Since the High court has already rejected the AB application, your parents are required to take surrender bail for which the IO and also the PP are required to be negotiated,

3. As suggested in my earlier post.
Krishna Kishore Ganguly
Advocate, Kolkata
12043 Answers
228 Consultations
5.0 on 5.0
Now applying for bail. What to do kindly give your valuable advice. charge sheet not yet produced. Fir was lodged against 498 and abatement to suicide.






If they have not obtained AB, they have to make grounds as senior citizens and old age ailments etc for seeking AB.

For the present they have to continuously try for AB even if the present application is dismissed.  

If they are beyond 3 in the list of accused, they may claim exemption n that count also. 

It depends on how the lawyer argues and convinces the court during bail plea application hearing.
T Kalaiselvan
Advocate, Vellore
13934 Answers
127 Consultations
5.0 on 5.0
No suicide note left. Is it necessary to be arrested to get bail. Bail was rejected by HC, 30 days ago for everyone , while they were absconding now only two brothers surrendered but not my parents. what to do now...how to come out of this case ..please suggest  ..how to come out of this false allegation and how to prove all that..
please suggest me what step should be taken by us step by step. Is there any relation regarding charge sheet ,since it has not yet been submitted by police.


Whether suicide note is here or not, it becomes the duty of the police to secure all of them that have been accused in this case. 

File AB application to those absconding, once again.

First get enlarged on bail and then plan the strategies to face the trial proceedings before the trial court on the basis of merits in your side. 
T Kalaiselvan
Advocate, Vellore
13934 Answers
127 Consultations
5.0 on 5.0

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