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Supreme Court of India 2020-08-14 allowed

Preet Pal Singh vs State of Uttar Pradesh & Anr

Bench: 2 — Indira Banerjee

In Brief

A woman married for 8.5 months died under suspicious circumstances. The trial court convicted her husband of dowry death (Section 304B IPC), cruelty (Section 498A), theft (Section 406), and dowry prohibition violations. The High Court granted him bail during his appeal without recorded reasons. The Supreme Court set aside the bail order, holding that post-conviction bail under Section 389 requires strong, compelling reasons—unlike pre-trial bail where bail is presumed the rule. Since the trial court had found evidence of prolonged harassment for dowry and demand for additional money even on the day of death, the appellate court cannot re-examine evidence to grant bail. The convict was directed to surrender.

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Criminal Procedure Bail and Custody Dowry Death Post-Conviction Bail Section 304B IPC Dowry Prohibition Act Appellate Jurisdiction

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