Twisha Sharma's husband, Samarth Singh, who has been booked in an alleged case of dowry death, withdrew his anticipatory bail plea from the Madhya Pradesh High Court on Friday (May 22).
The bench of Justice Avanindra Kumar Singh, in his order, directed;"at the outset, the counsel for Applicant Samarth Singh seeks withdrawal of this MCRC with liberty to surrender before the Trial Court and the Trial Court shall dispose of regular bail.
This court is of the view that the correct procedure is that if the accused apprehends torture at the hands of the police, then he may surrender before the Trial Court or the IO.
Twisha Sharma, a 33-year-old woman, was found dead at her matrimonial home in Bhopal on May 12.
An FIR has been lodged under BNS Sections 80(2) (dowry death), 85 (cruelty) and 3(5) (common intention) and Sections 3 (giving or taking dowry) and 4 (demanding dowry) of the Dowry Prohibition Act.
Twisha Sharma's husband, Samarth Singh, who has been booked in an alleged case of dowry death, withdrew his anticipatory bail plea from the Madhya Pradesh High Court on Friday (May 22).
The bench of Justice Avanindra Kumar Singh, in his order, directed;
"at the outset, the counsel for Applicant Samarth Singh seeks withdrawal of this MCRC with liberty to surrender before the Trial Court and the Trial Court shall dispose of regular bail. Whereas this is strongly opposed by Solicitor General Tushar Mehta and Advocate General Prashant Singh.
This court is of the view that the correct procedure is that if the accused apprehends torture at the hands of the police, then he may surrender before the Trial Court or the IO. If he surrenders before IO, then they make a formal arrest and produce before a competent court within 24 hours, or seek judicial custody or police custody of the accused. If the accused surrenders before trial or remand court, then the court is bound to send a copy of the surrender application to the concerned SHO, who shall produce the diary and make an appropriate application in this regard.
The petition is thus disposed of".
Twisha Sharma, a 33-year-old woman, was found dead at her matrimonial home in Bhopal on May 12. An FIR has been lodged under BNS Sections 80(2) (dowry death), 85 (cruelty) and 3(5) (common intention) and Sections 3 (giving or taking dowry) and 4 (demanding dowry) of the Dowry Prohibition Act.
