Md. Shahnawaz vs State Nct Of Delhi

Girish Kathpalia, J

The accused/applicant seeks regular bail in case FIR No. 624/2023 of Police Station Nabi Karim for offence under Section 304B/498A/201/34 IPC.

I  have  heard learned  counsel for  accused/applicant  and  learned  APP for State assisted by IO/Inspector Shiv Karan.

Broadly speaking,  the  FIR  was  registered  on  the  statement  of  Mohd. Chand alleging that on account of dowry torture, his sister committed suicide by hanging herself. The FIR was registered for offence under Section  498/304B/201/34  IPC.  After  the  deceased  was  buried,  on  the  basis of  further  information,  the  dead  body  was  exhumed  and  was  sent  for  post- mortem. On the basis of post-mortem report, the  learned trial court added the offence under Section 302 IPC to the charge.

Learned counsel for accused/applicant submits that the first informant has  turned hostile, so this is a fit case to grant  bail. It is also submitted that co-accused Abdul Jabbar was granted bail by a coordinate bench of this court  but  since  Roster  has  changed, the  present  application  has  to  be  dealt with by  this court. Learned counsel for accused/applicant submits that the coordinate bench granted bail to Abdul Jabbar after perusal of the post- mortem report.

Learned APP assisted by IO/Inspector Shiv Karan strongly opposes grant  of  bail  on  the  ground  of  gravity of  offence.  Further,  learned APP  has placed strong reliance on the post-mortem report of the deceased, which recorded ante mortem injuries.

Learned counsel for accused/applicant submits that the injuries recorded in the post-mortem report are possible due to handling of the dead body at the time of burial.

So far as the injuries found on the deceased are concerned, in view of the post-mortem expert report (that all those injuries are ante mortem in nature and caused by blunt force, and that possibility of physical assault on the  deceased prior to death cannot  be ruled out), I am unable  to accept the contention of learned counsel that those injuries were post-mortem and sustained on account of mishandling of the dead body during burial.

As regards bail granted to co-accused Abdul Jabbar, the coordinate bench of this court took note that there were no allegations against him and also  the  fact  that  he  is  father  of  the  husband  of  the  deceased.  On  the  other hand, the accused/applicant is husband of the deceased. Not just this, two sisters of the deceased have deposed before the trial court and have strongly supported prosecution.

Keeping in  mind the gravity of  offence and material on record of the trial  court,  I  do  not  find  it  a  fit  case  to  grant  bail  to  the  accused/applicant. Therefore, the bail application is dismissed. Accompanying application stands disposed of.

Copy of this order be sent to the concerned Jail Superintendent for being conveyed to the accused/applicant.