SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

1987 Supreme(SC) 37

Supreme court of IndiaM.P. THAKKAR AND B.C. RAY, JJ.
Criminal Appeal No. 22 of 1987 (Arising out of Spl. Leave Petn. (Cri.) No. 3315 of 1986), D/-12-1-1987.
Samundar Singh, Petitioner
Versus
State of Rajasthan and others, Respondents.

Headnote:Constitution of India, 1950 - Criminal Appeal Criminal Procedure Code, 1973 - Section 386 - Unnatural death of the daughter-in-law at the house of her father-in-law-Matter was under investigation - Accused released by High Court on anticipatory bail -Challenged - Whether High Court has exercised its jurisdiction properly? -(No) (Para 1).

Judgment

THAKKAR, J.:- The widespread belief that dowry deaths are even now treated with some casualness at all levels seems to be well grounded. The High Court has granted anticipatory bail in such a matter. We are of the opinion that the High Court should not have exercised its jurisdiction to release the accused on anticipatory bail in disregard of the magnitude and seriousness of the matter. The matter regarding the unnatural death of the daughter-in-law at the house of her father-in-law was still under investigation and the appropriate course to adopt was to allow the concerned Magistrate to deal with the same on the basis of the Material before the Court at the point of time of their arrest in case they were arrested. It was neither prudent nor proper for the High Court to have granted anticipatory bail which order was very likely to occasion prejudice by its very nature and timing. We therefore consider it essential to sound a serious note of caution for future. The High Court is under no compulsion to exercise its jurisdiction to grant anticipatory bail in a matter of this nature. So far as the present matter is concerned, since it has become infructuous, we do not propose to pass any order. Subject to these observations, the appeal is dismissed.

Order accordingly.

Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon Back to top