Case Note & Summary
The applicant, Kalindabai Pujari, the mother of the deceased Swati, filed a criminal application under Section 439(2) of the Code of Criminal Procedure, 1973, seeking cancellation of bail granted to the respondents (accused) by the learned Adhoc Additional Sessions Judge, Latur, vide order dated 17th May 2010 in Criminal Misc. Application No. 122/2010. The applicant had lodged an FIR alleging that her daughter Swati was married to respondent No. 2 Dattatraya about six years prior and that the respondents used to demand a remaining dowry amount of Rs. 51,000/-. It was further alleged that respondent No. 2 used to frequently beat Swati due to failure to pay the remaining dowry amount, and she used to tell her father about the cruel treatment. On 25th March 2010, Swati died due to burn injuries. The police registered an offence under Sections 304B, 498A, 302, 201 read with Section 34 of the Indian Penal Code, 1860, and Sections 3 and 4 of the Dowry Prohibition Act, 1961. The respondents were arrested and later granted bail by the Sessions Court. The applicant contended that the trial had commenced and the accused might influence the witnesses, and therefore the bail should be cancelled. The respondents opposed the application, arguing that there was no misuse of bail and no supervening circumstances. The court examined the bail order and found that the Sessions Judge had considered the nature of the offence and the evidence. The court held that cancellation of bail is not warranted merely because the trial has commenced; the prosecution must show that the accused has misused the liberty or that supervening circumstances have arisen. The court found no such material and dismissed the application.
Headnote
A) Criminal Procedure Code, 1973 - Section 439(2) - Cancellation of Bail - Supervening Circumstances - The applicant sought cancellation of bail granted to the accused in a dowry death case on the ground that the trial had commenced and there was apprehension of witness tampering. The court held that cancellation of bail is not automatic upon commencement of trial; the prosecution must show misuse of liberty or supervening circumstances. Mere commencement of trial is not a ground for cancellation. (Paras 1-5) B) Dowry Prohibition Act, 1961 - Section 304B IPC - Dowry Death - Bail Cancellation - The deceased died due to burn injuries within seven years of marriage, and the FIR alleged dowry demand. The court noted that the bail order was passed after hearing the prosecution and there was no material to show that the accused had misused the bail or that any supervening circumstances had arisen. (Paras 2-5) C) Criminal Procedure Code, 1973 - Section 439(2) - Cancellation of Bail - Principles - The court reiterated that the power to cancel bail is to be exercised sparingly and only in cases where there is a likelihood of the accused tampering with evidence or fleeing from justice. The applicant failed to establish any such ground. (Paras 4-5)
Issue of Consideration
Whether the bail granted to the respondents (accused) in a dowry death case should be cancelled on the ground that the trial has commenced and the complainant apprehends that the accused may influence witnesses.
Final Decision
The application for cancellation of bail is dismissed. The bail granted to the respondents by the Sessions Court is confirmed.
Law Points
- Cancellation of bail requires supervening circumstances or misuse of liberty
- mere commencement of trial is not a ground for cancellation
- bail once granted should not be cancelled in a mechanical manner
