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Friday, September 11, 1998

HC denies bail to MLA's relatives

EXPRESS NEWS SERVICE  
AHMEDABAD, Sept 10: Justice R P Dholakia of Gujarat High Court has refused bail to three persons charged with abetting the suicide of Heena, the niece of Surat MLA Dhirubhai Gajera.

Heena, who was married to one Nilesh P Bhanderi of Vidyanagar town, committed suicide by consuming poison on July 5, 1998. In a complaint registered by Heena's mother at the Vidyanagar police station, she alleged that Heena's husband and his parents had abetted the suicide, who was also being harassed for dowry. All the three were arrested and are in judicial custody.

Nilesh and his parents moved a bail application before Anand additional sessions judge, who rejected the plea. They then moved the Gujarat High Court. The petitioners' counsel argued that there was a delay in filing the first information report (FIR). The complaint lodged was not a complaint as the police earlier had received a message about the incident and so the Janwajog entry was the FIR, it was contended.

Besides, the fact that Heena's father was an influential person affects the investigation and the petitioners were falsely implicated, it was contended.

While declining the petitioners' prayer for bail, the court observed that prima facie there was no delay in filing the FIR.

Also, the court observed that there was ample prima facie evidence that Heena was subjected to physical and mental torture by the petitioners for dowry. The court also noted the investigating officer's statement that the offence was serious and that there was a possibility that the petitioners would tamper with evidence if they are let out on bail.

Copyright © 1998 Indian Express Newspapers (Bombay) Ltd.


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