Allahabad High Court Grants Bail to Mother-in-Law Jailed for 13 Years in Dowry Death Case

Smt. Manorama Shukla released on bail considering prolonged incarceration, lack of direct evidence, and commitment to argue the appeal on merits.

In a significant development, the Allahabad High Court's Lucknow Bench has granted bail to Smt. Manorama Shukla, who was convicted under Sections 498-A, 304-B of the Indian Penal Code (IPC), and the Dowry Prohibition Act, 1961. The decision was made by a Division Bench comprising Justices Rajesh Singh Chauhan and Abdhesh Kumar Chaudhary in response to her second bail application.

The appellant, Smt. Manorama Shukla, has been in custody for approximately 13 years, including remission, following her conviction by the Additional Sessions Judge, District Lucknow, for her alleged involvement in the death of her daughter-in-law. The court acknowledged the lack of direct or last-seen evidence against her and took into account her prolonged incarceration.

The judgment notes that the prosecution's case rested largely on presumptions under Section 113-B of the Indian Evidence Act, due to the unexplained circumstances of the deceased's death in her matrimonial home. Despite opposition from the State, represented by the Additional Government Advocate, the court found merit in the appellant's plea, particularly considering her readiness to argue the appeal on merits.

The court also addressed procedural aspects regarding legal representation. It clarified that while obtaining a No Objection Certificate (NOC) from a previous counsel is a good practice, it is not mandatory under the Code of Criminal Procedure for filing a vakalatnama. This stance facilitated Ms. Jyoti Rajpoot, who represented the appellant pro bono, to proceed without the NOC from the initial advocate.

Furthermore, the judgment commended the efforts of the NGO Life and Liberty Foundation, which facilitated legal aid for the appellant, and directed the High Court Legal Services Committee to compensate Ms. Jyoti Rajpoot with Rs. 11,000 for her services, recognizing her role akin to an amicus curiae.

Smt. Manorama Shukla's release is contingent upon furnishing a personal bond to the satisfaction of the trial court. The court imposed conditions to ensure her cooperation in the appeal's expeditious hearing and prohibited her from engaging in any criminal activity during the bail period.

This decision underscores the judiciary's commitment to balancing the scales of justice by considering the circumstances of prolonged detention and the principles of fair trial and representation.

Bottom Line:

Bail granted to a mother-in-law convicted under Sections 498-A, 304-B IPC & 3/4 Dowry Prohibition Act on grounds of her prolonged incarceration (approx. 13 years), lack of direct evidence, and undertaking to argue the appeal on merits. Filing of "vakalatnama" without obtaining NOC from the previous advocate is permissible under the Cr.P.C.

Statutory provision(s): Sections 498-A, 304-B IPC, Sections 3/4 Dowry Prohibition Act, Code of Criminal Procedure (Cr.P.C.) Sections 303, 41-D, Indian Constitution Articles 21, 22(1), 39-A, Indian Evidence Act Section 113-B

Smt. Manorama Shukla v. State of U.P., (Allahabad)(Lucknow)(DB) : Law Finder Doc Id # 2819731