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MADHYA PRADESH HIGH COURT
B.K. Shrivastava, J.
Rajni Puruswani - Appellant
Versus
State Of Madhya Pradesh - Respondent
Miscellaneous Criminal Case No. 13325 of 2020
Decided On : 17-06-2020
Anticipatory Bail - Criminal Law - Section 438 of Cr.P.C. - Summary of Acts and Sections: S. 438 of Cr.P.C., S. 82 and 83 of Cr.P.C., S. 439 of Cr.P.C., S. 306, S. 498-A of IPC, S. 3 / 4 of Dowry Prohibition Act - The court discussed the provisions of S. 438 of Cr.P.C. and its interpretation in light of various judgments including Lavesh Vs. State (NCT of Delhi), State of Madhya Pradesh Vs. Pradeep Sharma, Bharat Chaudhary and another Appellants v. State of Bihar and another, Ravindra Saxena v. State of Rajasthan, and others. The court emphasized that the application for anticipatory bail is maintainable even after filing of charge sheet and till the person is not arrested. It also highlighted that the maintainability of anticipatory bail is not barred even if the person is declared absconder under Section 82 of Cr.P.C. The court referred to various judgments to establish that the tenability of the application and entitlement to get bail are different, and the court must consider the merits, facts, and circumstances of the case before granting or refusing anticipatory bail.
Fact of the Case:
The applicants, mother-in-law and father-in-law of the deceased, sought anticipatory bail in connection with a case registered under Sections 306, 498-A of IPC and Section 3 / 4 of Dowry Prohibition Act. The deceased committed suicide, and the police filed a challan against the husband, showing the present applicants as 'absconded accused'. The lower court dismissed the application for anticipatory bail without considering the facts and circumstances of the case.
Finding of the Court:
The court found that the lower court dismissed the application without considering the facts on merit and that the applicants were entitled to get anticipatory bail. It noted that no custodial interrogation was required and that the substantive evidence had been collected. The court also emphasized that the maintainability of anticipatory bail is not barred even if the person is declared absconder under Section 82 of Cr.P.C.
Issues: The issues revolved around the tenability of the application for anticipatory bail, the entitlement to get bail, and the consideration of the merits, facts, and circumstances of the case before granting or refusing anticipatory bail.
Ratio Decidendi: The court's decision was based on the interpretation of S. 438 of Cr.P.C. and its application in light of various judgments. It emphasized that the tenability of the application and entitlement to get bail are different, and the court must consider the merits, facts, and circumstances of the case before granting or refusing anticipatory bail.
Final Decision: The court allowed the application for anticipatory bail, ordering the applicants to surrender before the Trial Court within 20 days and releasing them upon furnishing a bail bond and a personal bond to the satisfaction of the trial Court. The Trial Court was also directed to inform the Investigation Officer and provide an opportunity to submit additional evidence against the applicants.
JUDGMENT
B.K. Shrivastava, J. - This order shall govern the disposal of application under Section 438 of the Cr.P.C. filed on 11.05.2020 on behalf of (1) Rajni Puruswani wife of Shri Ashok Puruswani, and (2) Ashok Puruswani S/o late Shri Nanakram Puruswani. The applicants are under apprehension of their arrest in connection with the Crime No. 1014/2019 registered at Police Station, City Kotwali, District Rewa for the offences punishable under Sections 306, 498- A of the Indian Penal Code and Section 3 / 4 of Dowry Prohibition Act.
2. It is an admitted fact that the marriage of Jitendra @ Jitu Puruswani was solemnized with deceased Khushbu Gyanchandani @ Vanshika Puruswani on 29.06.2012. Out of their wedlock a daughter named Kavya was born on 11.11.2014. Applicant Rajni Puruswani is the Mother-in-law of the deceased and Ashok Puruswani is the father-in-law of deceased. The deceased Khushbu @ Vanshika committed suicide by hanging herself on 05.12.2019. Crime No. 1014/2019 was registered under Sections 498-A and 3 / 4 of Dowry Prohibition Act. After investigation, the police filed the challan against Jitendra @ Jitu Puruswani under Sections 498-A, 306 of IPC and 3/4 of Dowry Prohibition Act. This challan was filed against husband Jitendra @ Jitu Puruswani by showing the present applicants as "absconded accused". The Magistrate committed the case to the Court of Sessions and at present Sessions Trial No. 101/2020 is pending before the IX A.S.J. Rewa.
3. Both applicants moved an application for anticipatory bail before the IX ASJ, Rewa, but the same was dismissed by order dated 18.03.2020.
4. It is submitted by the applicant's counsel that the applicants have been falsely implicated in this case. When the deceased committed suicide by hanging, applicant Rajni Puruswani herself lodged the complaint to the police. All the allegations against the applicants are frivolous, false and vexatious. Only after the death of deceased, omnibus type allegations of demand of dowry, harassment and cruelty have been leveled by the family members of the deceased. The provisions of law have been mis-utilized for harassment to the applicants. The necessary ingredients of the offence alleged, are completely missing so far as the present applicants are concerned. The learned lower Court dismissed the application without appreciating the facts and circumstances of the case in proper perspective. It is also submitted that the Son of the applicants has filed an application under Section 9 of Hindu Marriage Act before the Family Court, Rewa on 09.10.2018 (Annexure A/3). No custodial interrogation is required. Therefore, the applicants are entitled to get the anticipatory bail.
5. On the other side, the State strongly opposed the application. It is submitted by the State that applicants are absconded since the date of commitment of trial. Challan has been filed in their absence by showing them as an absconded accused. Therefore, the learned trial Court rightly dismissed the application as not-tenable in the light of Sobran Batham Vs. State of M.P., (2018) 2 MPJR 252 .
6. It will be proper to mention that husband Jitendra Puruswani was arrested on 09.12.2019 and he was enlarged on bail by order dated 04.03.2020 passed by this Court in M.Cr.C. No. 03/2020.
7. It is transpired from the impunged order dated 18.03.2020, passed by the 9th A.S.J. Rewa, that without considering the facts on merit, he dismissed the application only upon the ground of tenability in the light of Sobran Batham v. State of Madhya Pradesh, (2018) 2 MPJR 252 = 2017 Supreme (M.P.) 1139 [02.05.2017 ]. In the aforesaid case, the Single Bench of High Court (at Gwalior) considered the case of State of Madhya Pradesh Vs. Pradeep Sharma, (2014) AIR SC 626 = [2014] 2 SCC 171 = [2013] 8 Supreme 699 and held in para 10 as under :-
"10. In the openion of this court, the issuance of proclamation under section 82 of Cr.P.C. is not very material but in fact the sprit of the law is that if a person is abs
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