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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Sumeet Goel, J.
Dilpreet Singh – Appellant
Versus
State of Punjab – Respondent
CRM-M No. 8709 of 2022
Decided On : 20-01-2024
498-A - Anticipatory/Pre-Arrest Bail - 406, 498A, 41(1)(b), 41-A, 438(1), 438(2) Cr.P.C. - The court discussed the conduct of the accused, the statutory provisions of Cr.P.C., and relevant case law to determine the grant of anticipatory/pre-arrest bail. The court emphasized the need to consider the conduct of the accused while adjudicating a plea for anticipatory/pre-arrest bail and highlighted the statutory provisions and guidelines laid down by the Supreme Court.
Fact of the Case:
The petitioner sought anticipatory/pre-arrest bail in a case involving allegations of harassment and dowry demands. The court found that the petitioner's conduct, including threats and non-cooperation, disentitled him for the grant of anticipatory/pre-arrest bail.
Finding of the Court:
The court found that the petitioner's conduct demonstrated a deliberate misuse of the interim anticipatory bail and a lack of respect for the law and process of justice, leading to the dismissal of the petition for anticipatory/pre-arrest bail.
Issues: The prime issue was whether the petitioner deserved the concession of pre-arrest/anticipatory bail in the FIR, and the analogous legal issue was whether the conduct of an accused is a pertinent factor for adjudication of a plea for pre-arrest/anticipatory bail.
Ratio Decidendi: The conduct of an accused is an essential factor required to be considered by a Court while adjudicating upon a plea made by such an accused for grant of pre-arrest/anticipatory bail. The court emphasized the need to consider the conduct of the accused and highlighted the statutory provisions and guidelines laid down by the Supreme Court.
Final Decision: The petition for anticipatory/pre-arrest bail was dismissed, and the court clarified that the decision did not express an opinion on the merits of the case.
Judgment
Mr. Sumeet Goel, J.
Present petition has been filed under Section 438 Cr.P.C. for grant of anticipatory/pre-arrest bail to the petitioner in case bearing FIR No.07 dated 24.01.2022 registered for the offences punishable under Sections 498-A and 406 (added later on) of Indian Penal Code, 1860 (for brevity ‘the IPC’) at Police Station Block Majri, District SAS Nagar (Mohali).
2. The FIR in question reads as follows:-
“Copy of Complaint No. 9408/S/SSP Dated 06.12.2021. To the SSP, District SAS Nagar, Complaint against Dilpreet Singh (Husband), (Mob. No. 78144-22397), Parminder Singh (Father in Law), Harpreet Kaur (Mother in Law), Jaskarnpreet Rai (Brother in Law) resident of 248, Ward No.9, Rajindra Colony, Khamanon, Distt. Fatehgarh Sahib regarding harassment and beating for dowry. It is requested that I, Harpreet Kaur wife of Dilpreet Singh d/o Balvir Singh is the resident of Village Manakpur Sharif, Tehsil Kharar, Distt. Mohali and requests as follow:
1. That I have given a complaint on 07.09.2020 vide Diary No. 2219 against your office. The investigation is marked to police post Majri and presently is pending.
2. That when I have given the above mentioned complaint then I was pregnant of 9 months and thereafter, I had given birth to a boy on dated 22.09.2020. That the above said accused had apologized by coming to us and assured us to not beating and demand and my family on the assurance of respectable persons sent me alongwith my son in the house of in laws and have given them the time for six months. Legal action will be taken if they will beat or demand as per the complaint.
3. The situation remained normal for one month on reaching the in laws house and thereafter, the in laws family started the same treatment and they started beating me and quarrel without any reason and my husband who takes drugs at my back now he started in take of drugs in front of me and started beating me in drunken condition and started blaming me regarding my character and never take care of me and my child and harass for every small and big talk and keeps away my child from me and never allow me to drink milk and give milk through bottle to child. That I am a Amritahari Gursikh and my husband has removed my Kirpan forcibly and says you are not fit to me.
4. That they have misbehaved my family on the first day of my son and also abused me and said that your family did not brought anything for us and thereafter, I went alongwith my husband at Village Salodi, Tehsil Samrala to attend the marriage ceremony of the son of Mama of my husband on dated 11.10.2021. I was talking with some relatives over there then my husband doubted me and falsely blamed me and beaten me on arrival at house and also broken the sim of my mobile.
5. That on 21.10.2021 when I objected my husband to not take drugs then he slapped on my face and also threw hot tea on my face and beaten me in anger and said to go away and again on the next day 22.10.2021 my husband alongwith mother in law beaten me and abused to my brother on phone and extended threats and said that you took your girl back and thereafter, by showing Kirpan to me said that see what I will do with your brother in his arrival, I stopped to my brother and father due to fear and Gurmukh Singh informed all the situation through phone to my family and said to help me. (Who was the respectable person during the conversation to return back in laws house).
6. That on the next day, dated 23.10.2021 the above mentioned Gurmukh Singh called to my father in law through phone then my in laws family got infuriated and my husband took me to street by dragging and beaten me and never stopped despite the intervention of the neighbourers. Thereafter, police arrived on the spot and took me at Police Station Khamanon where my in laws family refused to took me and also refused to give the custody of the child and also local police did not hear my aspect and till date has taken no action.
7. I returned to my paternal house with my
The conduct of an accused is an essential factor required to be considered by a Court while adjudicating upon a plea made by such an accused for grant of pre-arrest/anticipatory bail.
The conduct of the accused is critical in determining anticipatory bail; misuse of interim protection can lead to denial of bail.
Anticipatory bail petitions are maintainable for offences with a penalty of up to seven years, and jurisdictional courts must adjudicate these applications rather than merely disposing them without c....
Anticipatory bail may be denied in serious offences where allegations are grave and custodial interrogation is necessary for a fair investigation.
Non-recovery of dowry articles alone cannot be a ground for declining anticipatory bail. The conduct of the accused, including cooperation in the recovery of dowry articles, is a relevant factor for ....
Anticipatory bail is an extraordinary remedy, granted sparingly in serious cases, and requires compliance with court conditions; failure to do so can lead to rejection of bail applications.
The court reaffirmed that anticipatory bail can be granted in serious offences unless specifically excluded by law, and that the discretion to grant bail must consider the individual circumstances of....
Anticipatory bail can be denied if the applicant fails to comply with court orders and conditions, especially in serious cases involving multiple FIRs.
Anticipatory bail is an extraordinary remedy that should be granted sparingly, especially in serious cases, and requires strict compliance with court-imposed conditions.
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