As per a report published in Hindi Daily Nav Bharat Times on 7th October’08, a gang rape accused serving life term in the infamous ‘Tihar Jail’ near Delhi, has been granted bail by Delhi High Court division bench for five weeks to marry his elder brother’s wife to be solemnized on 8th October’08. His brother Pawan died of an accident on 11th March 2008.
The case history is that one Sanjay and his four co accused were given life term on 21st May this year for gang raping a girl on 12th January’2002. The victim committed suicide after the shameful incident.
After the death of his brother, mother of Sanjay also became seriously ill. On the application of the accused to grant him interim bail on 19th August’08, to look after the treatment of his mother and to complete certain formalities needed, post the death of his brother, court granted a five- week bail to Sanjay. He was to surrender by 24th September.
But the lawyer of Sanjay filed a petition in the court to increase the period of interim bail by five more weeks so that Sanjay could marry his brother’s wife. The petition stated that Sanjay lives in Ladpur of Kanjhawala area of Delhi state where it is customary for a surviving brother to marry the widow of elder brother if he is unmarried. The petition also stated that Sanjay has been permitted by the elders of the area and of his family to solemnize the marriage in view of the future of his widowed sister-in-law and her two children.
The division bench comprising of Justice Anil Kumar and Justice B.K.Shali, allowed the petition, after proper enquiry, increasing the interim bail period by another five weeks so that Sanjay could marry. The court however made it clear that there will be no more extensions of the bail period in spite of the marriage and he must surrender before the expiry of such extended date.
Source: http://navbharattimes.indiatimes.com/articleshow/3567619.cms