1. Application for anticipatory bail in a complaint case involving cruelty and dowry demands under the IPC and Dowry Prohibition Act. (Para 2 , 3 )
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2024 Supreme(SC) 627
SUPREME COURT OF INDIA
SANJIV KHANNA, SANJAY KUMAR, JJ.
HARJYOT SINGH MALHOTRA – APPELLANTS
VERSUS
STATE OF JHARKHAND AND ANOTHER – RESPONDENTS
CRIMINAL APPEAL NO. OF 2024 (arising out of SLP (Crl.) No. 5138 of 2024)
Decided On : 29-07-2024
Advocates appeared:
For the Petitioner(s): Mr. Awanish Kumar, Adv. Mr. S.k Pandey, Adv. Mr. Chandrashekhar A. Chakalabbi, Adv. Mr. Anshul Rai, Adv. Mr. Abhinav Garg, Adv. Mr. Sanket Shankarappa Ambali, Adv. M/S. Dharmaprabhas Law Associates, AOR
For the Respondent(s): Mr. Chandra Prakash, AOR Mr. Vivek Singh, Adv. Mr. C. P. Rajwar, Adv. Mr. Sanjay Kumar Pathak, Adv. Mr. Binay Kumar, Adv. Mr. Ramesh Kumar, Adv. Mr. Lav Kumar Agarwal, Adv.
For the Petitioner(s): Mr. Awanish Kumar, Adv. Mr. S.k Pandey, Adv. Mr. Chandrashekhar A. Chakalabbi, Adv. Mr. Anshul Rai, Adv. Mr. Abhinav Garg, Adv. Mr. Sanket Shankarappa Ambali, Adv. M/S. Dharmaprabhas Law Associates, AOR
For the Respondent(s): Mr. Chandra Prakash, AOR Mr. Vivek Singh, Adv. Mr. C. P. Rajwar, Adv. Mr. Sanjay Kumar Pathak, Adv. Mr. Binay Kumar, Adv. Mr. Ramesh Kumar, Adv. Mr. Lav Kumar Agarwal, Adv.
IMPORTANT POINT
Anticipatory bail can be granted in dowry offences where complaint was withdrawn by complainant.
Headnote:
Indian Penal Code, 1860 – Sections 498A and 34 [Bharatiya Nyaya Sanhita, 2023 – Sections 85 and 3(5)] – Dowry Prohibition Act, 1961 – Sections 3 and 4 – Criminal Procedure Code, 1973 – Section 438 [Bharatiya Nagarik Suraksha Sanhita, 2023 – Section 482] – -Anticipatory bail application – Dowry offence – Marriage was solemnized in year 2015 – Earlier complaint was withdrawn by complainant, stating that talks for compromise inter-se the parties have failed – Having regard to facts and circumstances of case, appellant has made out a case for anticipatory bail – Impugned order set aside and anticipatory bail granted to appellant. (Paras 2, 3, 4 and 5)
Facts of the case:
Appellant applied for anticipatory bail in connection with Complaint Case No. 3841 of 2018, in which cognizance has been taken under Sections 498A and 34 of Indian Penal Code, 1860 and Sections 3 and 4 of Dowry Prohibition Act, 1961.
Findings of Court:
Observations made in this order are for the purpose of disposal of the present appeal and would not be construed as findings and observations on the merits of the case.
Result : Appeal allowed.
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2. The court determined that the appellant had established a sufficient case to justify the grant of anticipatory bail. (Para 4 )
3. Anticipatory bail may be granted based on the specific facts and circumstances of the case. (Para 4 )
4. Appeal allowed; appellant directed to be released on anticipatory bail upon arrest subject to trial court conditions and Section 438(2) CrPC. (Para 4 )
5. What conditions were imposed for the grant of anticipatory bail in this matter?
The appellant was directed to be released on terms and conditions fixed by the trial court and must comply with the conditions mentioned in Section 438(2) of the Code of Criminal Procedure, 1973. (Para 4 )
ORDER
Leave granted.
2. The appellant, Harjyot Singh Malhotra, applied for anticipatory bail in connection with Complaint Case No. 3841 of 2018, in which cognizance has been taken under Sections 498A and 34 of the Indian Penal Code, 1860 [“IPC”, for short] and Sections 3 and 4 of the Dowry Prohibition Act, 1961 [“1961 Act”, for short.].
3. The marriage was solemnized in the year 2015. Earlier complaint was withdrawn by the complainant, stating that talks for compromise inter-se the parties have failed.
4. Having regard to the facts and circumstances of the case, we feel that the appellant, Harjyot Singh Malhotra, has made out a case for anticipatory bail. We, accordingly, accept the present appeal and direct that in the event of the appellant, Harjyot Singh Malhotra, being arrested in connection with Complaint Case No. 3841 of 2018, instituted under Sections 498A, 323, 504, 307, 379, 494, 406 and 34 of the IPC and Sections 3 and 4 of the 1961 Act, he shall be released on bail by the arresting/investigating officer/trial court on terms and conditions to be fixed by the trial court.
The appellant, Harjyot Singh Malhotra, in addition, shall comply with the conditions mentioned in Section 438(2) of the Code of Criminal Procedure, 1973.
Recording the aforesaid, the impugned order is set aside and the appeal is allowed.
We clarify that the observations made in this order are for the purpose of disposal of the present appeal and would not be construed as findings and observations on the merits of the case.
Pending application(s), if any, shall stand disposed of.
