'16-18 Yr-Old Children Need Mother's Attention': Punjab & Haryana HC Grants Bail To Mother Convicted Of Causing Sister-In-Law's Dowry Death

The Punjab & Haryana High Court has granted bail and suspended the sentence awarded to a woman for committing dowry death of her sister in law. The Court noted that the woman is the mother of two teenagers, who would require her care.

Justice Harpreet Kaur Jeewan said, "keeping in view the fact that the children aged 16 years and 18 years require personal care and attention of their mother and the applicant-appellant has already undergone sentence of 01 year 06 months and 15 days, the present application is allowed."

The plea for suspension of sentence was filed by a woman against the conviction order passed in January. The petitioner was convicted by the trial Court and was sentenced to undergo rigorous imprisonment for a period of 7 years under Section 304-B read with Section 34 IPC and rigorous imprisonment for a period of 2 years with fine.

The senior advocate for the petitioner contended that the father of the deceased had categorically stated that neither the appellant-accused nor any other family member, had ever ill-treated his daughter (deceased) and there was no demand of dowry.

It was further contended that the trial Court had relied upon the suicide note, which is alleged to have been recovered at the time of postmortem examination. However, there is no handwriting comparison of the said suicide note with the standard handwriting of the deceased, he added.

After hearing the submissions, the Court noted that, "the appeal is of the year 2024. There are less chances of taking up the appeal for hearing on merits in the upcoming months."

"As such, without commenting on the merits of the case and keeping in view the fact that the children aged 16 years and 18 years require personal care and attention of their mother and the applicant-appellant has already undergone sentence of 01 year 06 months and 15 days, the present application is allowed," the judge added.

While disposing of the plea, the Court directed that, the remaining period of sentence of the applicant-appellant was suspended subject to furnishing her bail bonds/surety bonds to the satisfaction of the Chief Judicial Magistrate/Duty Magistrate concerned.

Mr. Bipan Ghai, Sr. Advocate with Mr. Nikhil Ghai, Advocate and Mr. Ankit Kundu, Advocate for the applicant-appellant.

Mr. Amrik Singh Narwal, D.A.G., Haryana.

Case: XXXX v. XXXX [CRM-21422-2024]

Citation: 2024 LiveLaw (PH) 219