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SUPREME COURT OF INDIA
Sanjay Kishan Kaul, M.M. Sundresh, JJ.
Gopal Verma – Appellant
Versus
The State of Uttar Pradesh – Respondent
Criminal Appeal No. 819 of 2022 (Arising Out of SLP(Crl.) No. 3540 of 2022)
Decided On : 19-05-2022
Bail - Dowry Prohibition Act - Adding Provisions to Order
Fact of the Case:
The trial Court refused to release the appellant on bail despite the orders of the Court mentioning the charges under Sections 304B and 498A, IPC but not mentioning Sections 3/4 of the Dowry Prohibition Act.
Finding of the Court:
The Court added the provisions of Sections 3/4 of the Dowry Prohibition Act to the order and expressed dissatisfaction with the conduct of the judicial officer for not releasing the appellant despite the Court's orders.
Issues: Refusal of trial Court to release appellant on bail and addition of provisions to the order.
Ratio Decidendi: The Court emphasized the importance of following its orders and expressed concern over the delay in the trial proceedings.
Final Decision: The Court permitted the addition of provisions as prayed for and directed that both the orders be placed before the Chief Justice of the Allahabad High Court.
ORDER
1. Learned counsel mentions the matter as despite the orders of this Court dated 17.05.2022, the trial Court is refusing to release the appellant on bail on the pretext that while the order mentions the charges under Sections 304B and 498A, IPC it does not mention Sections 3/4 of the Dowry Prohibition Act.
2. We have no hesitation in adding those provisions to the order but don't appreciate the conduct of the judicial officer whereby despite the orders of this Court, the appellant was not released. We may only add, from December 2021, only one witness has been examined by the trial Court and that should have been the matter of concern by the trial Court rather than what is sought to be raised.
3. We permit the addition as prayed for and direct that both the orders be placed before the Chief Justice of the Allahabad High Court.
Importance of following Court orders and addressing delays in trial proceedings.
The main legal point established in the judgment is the mandatory duty of the Court to record reasons when granting bail, the need to apply judicial discretion judiciously, and the requirement to con....
Point of Law : Court has to look into the seriousness and gravity of offences committed and severity of punishment in the event of conviction.
The court granted bail due to prolonged incarceration and absence of prior criminal history, emphasizing the importance of timely trial proceedings.
The court considered the progress of the trial and the period of detention in judicial custody as factors in granting bail.
In dowry death cases, sufficient scrutiny must be applied by courts when granting bail, particularly considering post-mortem evidence and societal implications.
Grant of bail – Ordinarily, in serious offences, once trial commences and prosecution starts examining its witnesses, Court should be loath in entertaining bail application of accused – Once trial co....
Grant of bail based on changed circumstances and parity with co-accused, without expressing opinion on merits of the case.
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