REPORTABLE

IN THE SUPREME COURT OF INDIA

CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPEAL NO.1972 of 2022

(Arising out of SLP(Crl.) No.9508/2022]

BHURI BAI Appellant(s)

VERSUS

THE STATE OF MADHYA PRADESH Respondent(s)

JUDGMENT

Dinesh Maheshwari,J.

Leave granted.

2.

This appeal is directed against the judgment and

order dated 10.02.2022, as passed by the High Court of

Madhya Pradesh at Gwalior Bench in M.Cr.C. No. 46653/2021,

that was registered under Section 439(2) of the Code of

Criminal Procedure, 1973 (‘CrPC’), for suo motu powers

exercised by the High Court in its order dated 07.09.2021

passed in M.Cr.C. No. 41406/2021.

3.

By the order impugned, the High Court has proceeded

to cancel the bail granted to the appellant by the First

Additional Sessions Judge, Jaura, District Morena, in the

order dated 05.08.2021, as passed in Bail Application No.

357/2021.

4.

Briefly put, the relevant background aspects of the

1

Digitally signed by

ARJUN BISHT

Date: 2022.11.12

20:35:15 IST

Reason:

Signature Not Verified

matter are as follows:

The appellant is one of the accused persons in the

case arising from FIR No. 96/2020 for offences under

Sections 304B, 498A read with Section 34 of the Indian

Penal Code, 1860 (‘IPC’) and Sections 3/4 of the Dowry

Prohibition Act, 1961. The accusations have been that the

deceased, who was married to the son of the appellant, was

being subjected to physical and mental tortures for demand

of dowry after the marriage and ultimately, on 11.09.2020,

she died by hanging under unusual circumstances; and a

suicide note in the handwriting of the deceased was found,

implicating her husband and in-laws, including the present

appellant–the mother-in-law.

5.

The prayer of the appellant for grant of pre-arrest

bail was rejected by the Sessions Court on 18.10.2020.

However, thereafter, the High Court granted pre-arrest bail

to the sister-in-law of the deceased on 02.11.2020 and

then, the Trial Court granted pre-arrest bail to the

brother-in-law of the deceased on 18.11.2020. It is also

noticed that on behalf of the appellant, twice over

attempts were again made to seek pre-arrest bail but the

applications moved in that regard, being M.Cr.C. No.

48592/2020 and M.Cr.C. No. 7199/2021, were dismissed as

withdrawn, respectively on 11.12.2020 and 16.02.2021.

Ultimately, the charge-sheet was filed on 13.12.2020. Until

that time, the appellant was not apprehended and it was

mentioned in the charge-sheet that she was absconding.

2

6.

In relation to this case, husband of the appellant

was also arrested, who was granted regular bail on

23.11.2020. However, the appellant surrendered only on

16.07.2021; and a supplementary chargesheet was also filed

on 02.08.2021.

7.

Thereafter, the regular bail application (No.

357/2021) moved on behalf of the appellant was considered

by the First Additional Sessions Judge, Jaura, District

Morena and was allowed on 05.08.2021, essentially with

reference to the facts pertaining to the grant of pre-

arrest bail to two of the co-accused persons and regular

bail to the other co-accused–husband of the appellant.

8.

When the record stood thus, with grant of bail to the

co-accused persons including the appellant, the son of the

appellant (husband of the deceased) moved a second

application for bail before the High Court, being M.Cr.C.

No. 41406/2021. The said application was considered by the

High Court on 07.09.2021 and one of the submissions made

before the High Court had been that the previous bail

application of the said accused was rejected on the ground

that his mother (the present appellant) was absconding. It

was sought to be contended on behalf of the said appellant

that his mother had surrendered on 16.07.2021 and was

granted bail b