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Rohit Singh vs State Of J&K; on 21 November, 2017 cites

Manohar Lal vs State Of Haryana on 1 July, 2014

In this case, learned trial court on thorough scrutiny of the record of the case by its detailed order dated 08.04.2017 has found a prima facie case under Section 304-B RPC read with Section 498-A RPC against all the accused persons. This order has been challenged by both the sides before this court as one side feels that no prima facie case is made out for proceeding against the accused persons for commission of offence under Section 304-B RPC and the other side is of the opinion that charge should have been framed under Section 302 RPC instead of Section 304-B. I have accorded my consideration to the record of the case and having done so, I am not persuaded to form an opinion that a case for release of the petitioner on bail at this stage is made out though I prefer to abstain from dilating much on the point lest that may not cause prejudice to the parties at a future stage. The authority in Manohar Lal's case (supra) cannot be applied at this stage as in that case against a judgment of the High Court, whereby the conviction appeal filed by therein appellant was dismissed, on facts it was found that the factum of cruelty, „soon before‟ the commission of offence was not proved. In the case on hand, proceedings are at initial stage, inasmuch as the prosecution has yet to enter its evidence and the question of bail is to be considered on the strength of material relied upon by the prosecution.
Supreme Court of India Cites 12 - Cited by 42 - Full Document
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