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G. S. AHLUWALIA
STATE OF MADHYA PRADESH – Appellant
Versus
BHURI BAI – Respondent
ORDER : – This application has been registered under section 439(2) of Criminal Procedure Code in exercise of suo motu power by this Court by order dated 7-9-2021 passed in M.Cr.C. No. 41406/2021 and a show cause notice was issued to the respondent as to why the bail granted by the trial Court be not cancelled.
2. It is not out of place to mention here that the respondent was absconding and could be arrested only on 16-7-2021. It is also not out of place to mention here that the deceased died within a period of four years from the date of her marriage and, accordingly, Crime No. 96/2020 was registered at Police Station Devgarh District Morena for offence under sections 498-A, 304-B and 34 of Indian Penal Code and section 3/4 of Dowry Prohibition Act. The husband of the deceased as well as the husband of the respondent were arrested. Their bail applications were rejected. The husband of the respondent namely Charan Singh was arrested on 22-9-2020.
3. The husband of the deceased namely Pankaj Singh Sikarwar moved his second application under section 439 of Criminal Procedure Code
The main legal point established in the judgment is the requirement for judicious exercise of discretion in granting bail, the importance of reasons for granting bail, and the duty to accord reasons ....
The considerations for grant of bail and cancellation of bail are distinct. Factors to be considered for anticipatory bail include the nature and gravity of the accusation, antecedents of the applica....
Advocates appeared :For the Appellant : Amit Lahoti For the Respondent : D. R. Sharma, V. D. Sharma, A. K. Nirankari
The main legal point established is that the discretion to grant bail should be exercised judiciously, considering the seriousness of the offence and the need for proper reasoning in bail orders.
The severity of the accusations, legal provisions, and judgments referenced influenced the court's decision to dismiss the bail application.
(1) While considering an application for grant of bail a prima facie conclusion must be supported by reasons and must be arrived at after having regard to vital facts of case brought on record – Due ....
The main legal point established in the judgment is that the power to grant bail should be exercised judiciously, following well-established principles, and not in a mechanical or cryptic manner.
Bail should not be granted arbitrarily; courts must apply established legal principles and consider the seriousness of the charges and the circumstances surrounding the accused.
While considering an application for bail, all the relevant factors have to be weighed by the Court including the gravity of the offence, the evidence and material which prima facie show the involvem....
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