Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2024 Supreme(SC) 1059

SUPREME COURT OF INDIA
M.M. SUNDRESH, ARAVIND KUMAR, JJ.
Asha Dubey – Appellant
Versus
The State of Madhya Pradesh - Respondent
Criminal Appeal No. 4564 of 2024 (@ SLP(Crl.) No.13123 of 2024
Decided On : 12-11-2024

Advocates appeared:
For the Petitioner(s): Mr. Siddhartha Dave,, Sr. Adv. Ms. Megha Karnwal, AOR Mr. Lalit Rajput, Adv. Mr. Aditya Thorat, Adv. Mr. Nakul Chengappa, Adv.
For the Respondent(s): Ms. Karuna Nundy, Sr. Adv. Ms. Ruchira Goel, AOR Ms. Rishika Rishabh, Adv. Ms. Kanishka Gautam, Adv. Mr. Nachiketa Joshi, A.A.G. Ms. Mrinal Gopal Elker, AOR Mr. Aditya Vaibhav Singh- G.A,, Adv. Ms. Mrigna Shekhar, Adv. Ms. Shruti Verma, Adv. Mr. D.S. Parmar, AAG

IMPORTANT POINT
Anticipatory bail – In the event of declaration under Section 82 of Cr.P.C., it is not as if in all cases that there will be total embargo on considering application for grant of anticipatory bail – Court will have to see circumstances of case, nature of offence and background based on which such a proclamation was issued.

Headnote:
Criminal Procedure Code, 1973 – Sections 82 and 438 [Bharatiya Nagarik Suraksha Sanhita, 2023 – Sections 84 and 482] – Anticipatory bail application – Case registered under Sections 80, 85, 108, 3(5) of Bharatiya Nyaya Sanhita, 2023 and Sections 3 and 4 of Dowry Prohibition Act, 1961 – Son of appellant has been arrested and he is still in custody – It is incorrect to state that pursuant to interim protection granted, appellant was not cooperating in investigation and in fact despite communication sent by appellant to investigating authority, investigating authority has not called her for joining investigation – Custodial interrogation of appellant is not required – In the event of declaration under Section 82 of Cr.P.C., it is not as if in all cases that there will be total embargo on considering application for grant of anticipatory bail – Court will have to see circumstances of case, nature of offence and background based on which such a proclamation was issued – It is a fit case for grant of anticipatory bail, on the condition that appellant shall cooperate with further investigation – However, liberty also given to respondents to seek cancellation of bail in the event of violation of conditions which are to be imposed by Trial Court or if there are any perceived threats against witnesses – Anticipatory bail granted to appellant. (Paras 6, 7, 8, 9 and 10)
Facts of the case:
Appellant is apprehending arrest for offences punishable under Sections 80, 85, 108, 3(5) of Bharatiya Nyaya Sanhita, 2023 and Sections 3 and 4 of Dowry Prohibition Act, 1961. Appellant is mother-in-law of deceased. Pursuant to occurrence, son of appellant has already been arrested who is still in custody. Case of prosecution is that offence has been committed by appellant along with above mentioned co-accused.
Findings of Court:
Impugned order stands set aside and appellant is granted anticipatory bail, subject to terms and conditions that may be imposed by Trial Court.
Result : Appeal allowed.

Judgement Key Points

Certainly. Based on the provided legal document, here are the key points:

The appellant, who is the mother-in-law of the deceased, is apprehensive of arrest for offenses under certain sections of the Bharatiya Nyaya Sanhita and the Dowry Prohibition Act. She is not residing with the deceased at the relevant time and was only present when her son was allegedly ill-treating the deceased (!) .
The case involves a situation where the appellant’s son has already been arrested and remains in custody. The prosecution alleges that the appellant was involved along with other co-accused in committing the offense (!) .
It is clarified that, despite the declaration under Section 82 of the relevant Criminal Procedure Code, there is not a complete prohibition on considering applications for anticipatory bail. The Court will evaluate the circumstances, nature of the offense, and background of the proclamation issued (!) (!) .
The Court found that custodial interrogation of the appellant was not necessary, considering the facts and her cooperation in the investigation (!) .
The Court emphasized that the grant of anticipatory bail is appropriate in this case, provided the appellant cooperates with further investigation. The Court also noted that the respondents retain the right to seek cancellation of bail if conditions are violated or if there are threats against witnesses (!) .
Consequently, the impugned order denying anticipatory bail was set aside, and the appellant was granted anticipatory bail with conditions to be imposed by the Trial Court (!) .
The appeal was allowed, and pending applications, if any, were disposed of accordingly (!) .

ORDER

1. The appellant is apprehending arrest for the offences punishable under Sections 80, 85, 108, 3(5) of the Bharatiya Nyaya Sanhita, 2023 (for short BNS) and Sections 3 and 4 of the Dowry Prohibition Act, 1961.

2. The appellant is the mother-in-law of the deceased. Pursuant to the occurrence, the son of the appellant has already been arrested who is still in custody. The case of the prosecution is that the offence has been committed by the appellant along with the above mentioned co-accused.

3. Learned senior counsel appearing for the appellant submitted that she was not residing with the deceased at the relevant point of time. She is only the mother-in-law of the deceased. It is further submitted that even the High Court has observed that she was only present when her son was ill-treating the deceased.

4. Insofar as the proceedings initiated under Section 82 of the then Code of Criminal Procedure, 1973 (for short, ‘Cr.P.C.’) against the appellant are concerned, it is submitted that it is not as if there is a complete embargo to consider the application for grant of anticipatory bail.

5. Learned counsel appearing for the State and the learned senior counsel appearing for the informant placing reliance upon the judgment of this Court in State of Madhya Pradesh Vs. Pradeep Sharma, reported in (2014) 2 SCC 171, submitted that the appellant apart from non-cooperation has been declared as a proclaimed offender in terms of Section 82 of Cr.P.C. There are incriminating materials to implicate the appellant. In such view of the matter, the custodial interrogation is required.

6. The relationship between the appellant and the deceased is not in dispute. Admittedly, the son of the appellant has been arrested and he is still in custody. It is incorrect to state that pursuant to the interim protection granted, the appellant was not cooperating in the investigation and in fact despite communication sent by the appellant to investigating authority, the investigating authority has not called her for joining the investigation.

7. Considering the facts and circumstances of the case, we are of the view that the custodial interrogation of the appellant is not required.

8. Coming to the consideration of anticipatory bail, in the event of the declaration under Section 82 of the Cr.P.C., it is not as if in all cases that there will be a total embargo on considering the application for the grant of anticipatory bail.

9. When the liberty of the appellant is pitted against, this Court will have to see the circumstances of the case, nature of the offence and the background based on which such a proclamation was issued. Suffice it is to state that it is a fit case for grant of anticipatory bail, on the condition that the appellant shall cooperate with the further investigation. However, liberty is also given to the respondents to seek cancellation of bail that has been granted, in the event of a violation of the conditions which are to be imposed by the Trial Court or if there are any perceived threats against the witnesses.

10. Accordingly, the impugned order stands set aside and the appellant is granted anticipatory bail, subject to the terms and conditions that may be imposed by the Trial Court.

11. The appeal is accordingly, allowed.

12. Pending application(s), if any, shall stand disposed of.

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