Twisha Sharma Case Update | HC Quashes Anticipatory Bail in Dowry Death Investigation

本站添加: 2026-05-30

[00:00:08]Hi everyone and welcome back to the official channel of Legal Edge. Now, I hope I'm perfectly audible and visible.

[00:00:15]Right? So, let's start with our session and what we are going to discuss today is about the recent order of the Madhya Pradesh High Court wherein they quashed the anticipatory bail which was given to the mother-in-law in this entire Trisha Sharma case or the Trisha Sharma incident. Okay.

[00:00:36]What What is important for us at this point of time to understand is that what are the different types of bail? What exactly is a bail?

[00:00:47]What is the difference between bailable and non-bailable offenses?

[00:00:51]This is something which is important which you must understand for the perspective of or from the perspective of our paper. Okay. So, the basic thing which happened over here was that initially Giribala Singh, the retired district judge from the state of the Madhya Pradesh, she was awarded an anticipatory bail by the lower court or by the additional sessions court only.

[00:01:11]But subsequently, this anticipatory bail was being challenged by the family of the victim as well as the state in the state of or in the High Court of Madhya Pradesh and finally now Jabalpur High Court yesterday quashed the anticipatory bail or this protection from the arrest which was given to Giribala Singh.

[00:01:29]And primary thing which Justice Dev Narayan Mishra stated over here was Justice Dev Narayan Mishra ruled that the lower court blatantly blatantly overlooked crucial material in the case diary. Case diary is basically the investigation diary of an agency.

[00:01:56]Okay. Justice Dev Narayan Mishra has to say that the lower court actually blatantly over overlooked the particulars which are mentioned in the case diary. Missing witness statements, digital footprints, and damning medical reports. And on the basis of this, the Madhya Pradesh High Court cancelled the anticipatory bail which was granted to retired district judge Giribala I mean this entire issue you got about where in the deceased days The deceased was Trisha Sharma, a 33-year-old woman who was former Miss Pune, an actor, MBA MBA graduate originally from Noida.

[00:02:32]And she was found hanging on 12th of May in Bagh Mugalia, Bhopal nearly 5 months after her marriage. Marriage of 5 months you would get that you have a dead body to look at and the primary accused they have cases with The accused primarily The accused included Giribala Singh and Samrat Singh, the mother-in-law who is a retired judicial officer, district judge from Bhopal, and husband who was a lawyer. Initially the postmortem in the timeline you need to look at this entire case with December may last year the marriage takes place between Samrat and late Trisha Sharma. Okay, from May 10th there was an allegation regarding a disputed pregnancy and a disputed termination of the pregnancy or abortion as well.

[00:03:24]12th May finally Trisha Sharma was found hanging in in her matrimonial home.

[00:03:30]Okay, then on May 13th police seized critical physical and digital evidences.

[00:03:36]Then on May 15th the trial court grants anticipatory bail to the accused and then on May 18th the accused holds a press conference maligning the victim.

[00:03:46]That infamous press conference which was conducted by Giribala Singh. And then on May 28th the High Court cancelled the bail.

[00:03:54]>> And then on May 28th, the High Court cancelled the bail order.

[00:04:05]CBI is conducting the investigation as initial postmortem conduct this postmortem the question is subsequently because of because of the influential nature of the family as well that the postmortem was not properly conducted and therefore subsequently another postmortem was conducted by the team from Ames, Delhi.

[00:04:26]Initial postmortem primary cause of death I got that was ante-mortem hanging by ligature.

[00:04:33]But the postmortem revealed six other ante-mortem injuries sustained prior to death.

[00:04:40]The death pain and the body which injuries inflict on the victim's body which included four injuries on the left arm, one on the ring finger and one on the head.

[00:04:50]And therefore the medical query report officially ruled out the defenses claim that these injuries were caused by bringing the body down or transporting it to the hospital. You do initial injuries that is on the head and head and hand and this this ring finger.

[00:05:10]Accused the family can you these injuries were inflicted on the body when they were bringing the body down to get from the spot from where the body was hanging and also while the body was being transported to the taken to the hospital.

[00:05:24]But basic medical query means all allegations to be reverted this injury was caused to be there.

[00:05:30]And this is one of the major reason that why the district court should not have awarded anticipatory bail to the accused in this situation.

[00:05:37]But district court because of the influence of the family or some other reasons as well the court granted anticipatory bail to the accused in the balance.

[00:05:49]But job accused key family to connect that there were multiple money transfers which have done to the victim.

[00:05:55]Okay. Or you choose that you got to win a penalty to put certain amount of peso victim to transfer key again from the accused family.

[00:06:03]And that is what the defense was claiming that the financial transfers made by the accused to Trisha interpreting them as a proof that no dowry demand existed. You can give her me a special transfer and therefore and try to put me argument to put a lucky that because there were multiple transfers of money which are being made by the accused family to Trisha.

[00:06:27]Therefore, there there cannot be any demand for dowry. But the High Court reverted or rejected this argument as well. The High Court rejected this premise examining the timeline. The court found that transfers occurred months prior to her death.

[00:06:42]And past financial transfers do not automatically neutralize neutralize subsequent dowry harassment or explain the immediate circumstances of her death.

[00:06:51]You can give her special transfer key again to put a lucky it is not something that is capable of of of explaining the immediate circumstances of her death.

[00:07:00]And that is the primary reason key High Court may happen you got to try to put me sorry facts to consider me care properly.

[00:07:07]And thereby the court rejected the anticipatory bail of flash the anticipatory bail which was given to give a balance up anticipatory bail here. You may put it here.

[00:07:18]You can try to put me something that is something that is important for the purposes of our paper.

[00:07:22]So, now here onwards we'll be discussing about what exactly bail is. What are the different types of offenses from the point of bail and what are the different types of bail?

[00:07:32]Bail here you can about to bail basically refers to the release of an accused from the custody.

[00:07:39]Release of an >> accused from the custody.

[00:08:04]So, when you look at Article 22 of the Constitution of India, Article 22 as a fundamental right as a fundamental right, it gives certain kinds of protection to a person who is accused of an offense.

[00:08:14]So, whenever a person is accused of an offense One of the right which is given to a person is that every person who is arrested and detained in custody shall be produced before a magistrate within the period of 24 hours of such arrest and no such person shall be detained in custody beyond the set period without the authority of a magistrate.

[00:08:40]That whenever a person is arrested, that person is required to be produced before the nearest magistrate within 24 hours of the arrest.

[00:08:47]And he cannot be detained any further unless you obtain the custody from the magistrate or unless you obtain the authority from the magistrate.

[00:09:04]That release is done through something which is known as bail.

[00:09:19]Then the person is is is is bound to be released on something which is known as bail.

[00:09:27]Bail means release of a person accused of or suspected of a commission of an offense from the custody of law upon certain conditions imposed by an officer or court on execution by the person or through by such a person through a bond.

[00:09:55]Along with certain imposition of the conditions, court could could conditions are to impose conditions that you are not supposed to do this, you are not supposed to do that.

[00:10:02]But this temporary release of the person from the custody when the trial is pending or when the investigation is still going on.

[00:10:10]This temporary release from the custody is something which is known as bail.

[00:10:20]There are bailable offenses and there are non-bailable offenses.

[00:10:24]Okay, from the point of view of bail, offenses are classified into two categories.

[00:10:32]Bailable bailable and non- bailable offenses. Okay, bailable offenses are generally minor offenses.

[00:10:54]Non-bailable offenses are generally of serious nature.

[00:10:59]But the primary point of difference between bailable and non-bailable offenses that in cases of bailable offense the person is having a right to be released on bail.

[00:11:18]Okay, if a person is accused of a bailable offense, then the person is having a right to be released on bail.

[00:11:26]Okay, as long as the person is providing the surety over there now, over over financial guarantee over there now over provide over there now, then the person is having a right to be released on bail.

[00:11:40]This is what a bailable offense is. But then what are non-bailable offenses?

[00:11:48]Okay. It's not like that in cases of non-bailable offenses, the person cannot be released on bail.

[00:11:53]You see persons who are accused of heinous offenses or or or serious offenses also that they are actually released by the court on bail.

[00:12:01]But then what's the meaning of non-bailable offenses? Non-bailable offenses refers to those kind of offenses wherein whether the person will be released on bail or not that release on bail is dependent [clears throat] upon the discretion of the court.

[00:12:39]The right of the person The person The person is not entitled to be released on bail as a matter of right.

[00:12:45]Whether the person is going to be released on bail or not, that depends upon the discretion of the court. Court ki marzi hai.

[00:12:51]Whether they want to release you on bail or not.

[00:12:53]And that is something that is known as non-bailable offenses. So bailable offense may the person is having a right to be released on bail. Non-bailable offense may it will depend upon the discretion of the court. Okay.

[00:13:04]So what are bailable offenses? So an offense which is shown as bailable in the first schedule or which is made bailable by any other law for the time being in force is known as non-bailable offense.

[00:13:17]And non-bailable offense means any other offense.

[00:13:20]So those kind of offenses which are declared as a bailable one in the first schedule of Bharatiya Nagarik Suraksha Sanhita, BNSS is the criminal procedural law of our country.

[00:13:29]>> The NS is the criminal procedure law of our country. So those offenses which are declared as available one in the first schedule of B N S S.

[00:13:37]Or which are made available by any other law for the time being in force.

[00:13:41]Those kind of offenses are known as available offenses.

[00:13:46]Rest of the offenses will be considered as a non-available one. I got generally these things definition that make me die from the point of view of the amount of punishment which is being awarded in such cases.

[00:13:57]Available offense basically refers to a kind of an offense ticket which would have which which is punishable with imprisonment for less than 3 years or with fine only.

[00:14:07]Generally those kind of offenses are considered as available one in our country wherein the amount of punishment which is awarded in respect of those offenses is around 3 years or less than 3 years or with fine only.

[00:14:19]So example can be offenses like simple hurt, defamation, stalking. These are the kind of offenses which are considered as available one.

[00:14:26]Okay.

[00:14:27]And this this this right of the person to be released on bail is not something which is only given in theoretical books.

[00:14:34]That is something which has been declared by the Supreme Court of India in the case of Rasiklal versus Kishore in the year 2009.

[00:14:41]The Supreme Court made it clear that in case a person is arrested for any available offense, his right to claim bail is absolute and indefensible. And if the person accused is prepared, the court or the police as the case may be will be bound to release on him him on bail.

[00:15:03]So here in it is not dependent upon the discretion of the court or the officer that whether they want to release you on bail or not.

[00:15:09]If you are accused of available offense and if you are arrested because of available offense it is an absolute right of the person to be released on bail.

[00:15:17]It is not dependent upon the discretion of the court.

[00:15:20]That is the thing about available offenses. But when we of offenses which are more serious in nature. And typically offenses punishable with more than 7 years of imprisonment up to life imprisonment or death penalty are kept under the category of non-bailable offenses.

[00:15:37]So generally the amount of punishment which is being given in cases of non-bailable offenses is these are the kind of or or these are the kind of offenses which are punishable with more than 7 years of imprisonment or with life imprisonment or death penalty.

[00:15:51]And they are considered as serious offenses and therefore they are kept under the category of being a non-bailable offense. So in cases of non-bailable offenses, the gravity of offense is a bit higher and sentences are higher in the case of non-bailable offense as they are punishable with imprisonment for life or imprisonment which may exceed three or seven years. And in non-bailable offenses, this is very important. Bail is not a matter of right, but rather it is a matter of discretion of the court of law.

[00:16:20]That whether you are going to be released on bail or not, that is not a matter of right. You cannot claim it as a right of yours that you are bound to be released on bail.

[00:16:29]It will entirely depend upon the discretion of the court. The court will decide that whether they want to give you a bail or not.

[00:16:36]So the types of bail which are claimed in cases of non-bailable offenses, okay?

[00:16:41]The different types of bails which are claimed in the cases of non-bailable offenses includes regular bail, interim bail, default bail, and anticipatory bail.

[00:16:53]Regular bail, interim bail, default bail, or anticipatory bail. So the first one is your regular bail.

[00:17:01]So any bail which is filed in cases of non-bailable offenses is considered as a regular bail.

[00:17:06]Okay? Now whether the you are going to be released on bail or not, that will depend upon the discretion of the court.

[00:17:13]So let's say if a person is accused of committing dowry death and they are arrested by the investigation agency.

[00:17:19]Subsequently, they will file a bail in the court of law.

[00:17:21]This kind of a bail will be considered as a regular bail.

[00:17:25]Okay?

[00:17:26]So, when an accused is presented, he or she may be released on bail at the discretion of the court except in the following cases.

[00:17:35]There are certain cases wherein the court will refuse to exercise their own discretion, and the court will refuse to give you the bail as well in matters of non-bailable offenses.

[00:17:45]Okay? Now, whether you are going to be released or not, that entirely depends upon the discretion of the court, but in certain cases, the court will not even exercise their discretion, and they will deny to give you a bail as well.

[00:17:56]So, what are the conditions of the court? So, when there exist reasonable grounds for believing that he has been guilty of an offense where the quantum of sentence is imprisonment for life or death.

[00:18:09]So, if the court thinks that you have actually committed that offense or you have actually committed a kind of an offense which is punishable with life imprisonment or death penalty.

[00:18:17]That is one such situation wherein the court will deny to give you bail.

[00:18:22]Similarly, when such an offense is cognizable in nature and where he has been previously convicted of an offense which was punishable with death, imprisonment for life, or imprisonment for 7 years or more.

[00:18:36]In that situation also, the person will not be released on bail.

[00:18:39]So, if the court thinks that you are accused of committing a cognizable offense.

[00:18:45]Cognizable offense. What are the What are What kind of offenses are considered as cognizable offense?

[00:18:51]Those offenses wherein the police can arrest without warrant are considered as cognizable offenses.

[00:19:01]These are also serious offenses.

[00:19:04]Okay? So, agar aapne koi cognizable offense commit kiya hai.

[00:19:07]And it has been shown to the court that you have been convicted of an offense previously as well.

[00:19:13]And that offense was punishable with minimum 7 years of imprisonment up to life imprisonment or death penalty.

[00:19:18]Then the court will deny to give you any bail.

[00:19:20]Similarly, he will also not get bail if he has been convicted on two or more occasions of a cognizable and non-bailable offense.

[00:19:34]Then also the court will deny to give you bail.

[00:19:38]And generally the court regular bail award to give it to any bail award to give it to any person in matters of a non-bailable offenses, the court also attaches certain conditions over there.

[00:19:51]The court can impose condition that accused person shall attend the court proceedings in accordance and compliance with the conditions specified on the bond.

[00:20:01]That you will be present in the court whenever called upon.

[00:20:04]Similarly, accused person while he is on bail shall not commit an offense same as the offense of which he is accused or suspected.

[00:20:12]This can also be attached as a condition.

[00:20:16]Then the accused shall not directly or indirectly induce, make promise, or threat to any person who is familiar with the case so as to prevent him from disclosing incriminating facts to the police officers or tampering with the evidences.

[00:20:29]This kind of a condition can also be attached by the court that when you are out on bail, you will not try to communicate or contact with the witnesses or the victim family and so on and so forth.

[00:20:40]And therefore, what Giribala Singh did through the press press conference, that can be considered as one of the major I mean I mean the reason that why the High Court got inclined towards quashing that bail as well.

[00:20:54]Because the court had given you an anticipatory bail, that is you are given protection from a future arrest.

[00:20:59]And in that situation, conducting conducting a press conference wherein you are maligning the image of the victim who is not even present anymore to defend herself. That is something which is fashionable, especially when the investigation agencies are are claiming that she is not even cooperating with the investigation agencies in the investigation of the matter.

[00:21:19]Okay, but these are the kind of a conditions which can be can be imposed on a person who is being released on bail in a case of non-bailable offense.

[00:21:27]Okay, another kind of bail is known as interim bail.

[00:21:31]Now, interim bail basically refers to a bail which is given for a particular interval.

[00:21:36]That is for a specific time period.

[00:21:44]So, if the court releases a person from custody for a limited period of time. Like recently, the Delhi High Court gave an interim bail to the person who is accused of committing an offense under the UAPA.

[00:22:02]Wherein the court awarded him bail for a period of 30 days.

[00:22:06]This is what an interim bail is.

[00:22:08]Interim bail is given for a specific period for a specific interval.

[00:22:12]So, the bail is granted for a specified period of time by the court and the interval can be for 15 days or even month or any number of days. Okay, the point is after the expiry of the granted period Okay, after the expiry of the granted period, the accused is again committed to the prison.

[00:22:30]So, once that time period is over, you are supposed to go back into the custody when the person is being released for this kind of a time period. This is considered as an interim bail. An interim bail can only be granted in case of a non-bailable offense. Since in bailable offenses, bail is a matter of right.

[00:22:48]Okay, bail is a matter of right in cases of bailable offenses. So, interim bail is something which is granted in cases of your non-bailable offenses only.

[00:22:57]Okay.

[00:22:58]The next type of bail is default bail.

[00:23:01]Now, what is the default bail? Default bail is given to a person for incompletion or for non- completion of investigation agency within the stipulated time period.

[00:23:43]Okay. The general rule is investigation agency is supposed to complete their investigation within a within a specific period of time.

[00:23:51]And that report which is prepared by the investigation agency, that report is known as charge sheet.

[00:24:00]That report is known as charge sheet.

[00:24:04]So, investigation agency is required to submit this charge sheet within a specific period of time to the court.

[00:24:10]If the charge sheet is not being presented to the court within that period of time, then the accused become entitled to be released on bail.

[00:24:19]And when a person is being released on bail because of non-submission of the charge sheet within given that within that time period, that kind of a bail is known as default bail.

[00:24:29]Okay. So, if the investigation officer does not file the charge sheet within a specify specific prescribed time period, which is 90 days for an offense punishable by death, imprisonment of life, or imprisonment for a term of not less than 10 years, and 60 days in the case of any other offense except the former ones. So, generally wherever the offense is punishable by death, life imprisonment, or a minimum imprisonment of 10 years, there the investigation agency or officer is having a time period of 90 days to submit the charge sheet.

[00:25:02]And in rest of the cases, the time period is 60 days.

[00:25:05]So, if the charge sheet is not being submitted within this time duration, then the accused becomes entitled to be released on bail.

[00:25:12]And if the accused is being released on bail because of non-submission of the charge sheet within the time period, that kind of a bail is known as default bail.

[00:25:20]Okay? So, we had regular bail, we had interim bail, and we had default bail.

[00:25:25]The point is, how these three bails are different from anticipatory bail?

[00:25:31]Regular bail, default bail, and interim bail will be given to a person wherein the person is in already custody of the police.

[00:25:40]Okay? The person is already detained.

[00:25:42]The person has been already arrested by the police.

[00:25:45]And after the detention or the arrest, you are filing a bail over there.

[00:25:49]Anticipatory bail is different from these kind of bails in in that subject matter, that wherein the person is not arrested yet.

[00:25:58]Okay? Wherein the person is not arrested yet. The person is trying to claim protection from a future arrest. In the anticipation of the arrest, the person wants to seek a bail.

[00:26:09]That is something that is known as anticipatory bail, beta.

[00:26:12]Okay? So, anticipatory bail is a kind of a protection against future arrest wherein a court grants bail to a person who has reasonable grounds for arrest in relation to a non-bailable offense.

[00:26:26]That the person is expecting that the police might arrest him.

[00:26:30]Okay? The person is expecting that the police might arrest him. So, in anticipation of that arrest, in order to be protected from getting arrested by the police, the kind of a bail which is given to a person, the protection which is given to a person, is known as anticipatory bail.

[00:26:44]Anticipatory bail is generally filed or applied in high courts and session courts. Okay? And the court before granting anticipatory bail consider the following thing like the nature and gravity of acquisition past criminal record possibility of the applicant applicant fleeing justice.

[00:27:01]That is the person might abscond as well. These are the kind of things which the courts will consider before granting anticipatory bail to a person.

[00:27:08]So in our present case Giribala Singh was actually awarded anticipatory bail by the court only.

[00:27:15]She wasn't She was having an apprehension that she might get arrested by the police.

[00:27:19]And in anticipation of that she took the protection or she got the protection from the additional sessions court.

[00:27:25]But now the high court had washed this particular bail to give it to us given to Giribala Singh.

[00:27:30]Now the topics which are important for the purposes of our paper is understand the difference between bailable and non-bailable offenses and what are the different types of bail which are involved over there.

[00:27:40]Okay, so I hope the topic is clear. I hope the things are clear. Okay, but just take care of yourself. Just enjoy your day. Keep studying and I'll see you soon.

[00:27:50]All right. Thank you so much everyone.

[00:27:52]Thank you so much guys. Thank you so much. Thank you.