Case Note & Summary
The applicant, Arun Sudhakar Jain, the father of the deceased Vijaya, filed a criminal application under Section 439(2) of the Code of Criminal Procedure, 1973, seeking cancellation of the bail granted to respondent no.1, Vivek Padamrajendra Mahajan, by the learned Additional Sessions Judge, Osmanabad, vide order dated 10th May 2011 in Criminal Bail Application No. 294/2011. The applicant also sought directions to arrest respondent no.1. The background of the case is that the applicant's daughter Vijaya married respondent no.1 on 17th May 2009. After about six months of marriage, she was allegedly subjected to mental and physical ill-treatment by her husband and in-laws for non-fulfillment of dowry demands, including Rs. 20,000 for installation of a garage and a gold ring of 1 Tola. On 2nd February 2011, during a ring ceremony at the applicant's house, a quarrel ensued, and the accused left with Vijaya. Subsequently, on 29th March 2011, Vijaya committed suicide by hanging at her matrimonial home. The applicant lodged an FIR on 30th March 2011 under Crime No. 45/2011 at Paranda Police Station, Osmanabad, for offences under Sections 498-A, 323, 504, 306 read with Section 34 of the Indian Penal Code, 1860. Respondent no.1 was arrested and later granted bail by the Sessions Court. The applicant challenged the bail order, contending that the Sessions Judge failed to appreciate the prima facie material and the gravity of the offence. The High Court, after perusing the investigation papers and hearing the parties, found that the order granting bail was perverse and not sustainable. The court noted that the FIR and the dying declaration (suicide note) prima facie indicated that the deceased was subjected to cruelty and that the accused abetted the suicide. The High Court set aside the bail order, directed respondent no.1 to surrender within two weeks, and allowed the application.
Headnote
A) Criminal Procedure Code - Bail Cancellation - Section 439 CrPC - Cancellation of Bail - The complainant sought cancellation of bail granted to the accused-husband in a case involving offences under Sections 498-A, 323, 504, 306 read with Section 34 IPC. The High Court held that the Sessions Judge's order granting bail was perverse and not sustainable as it failed to consider the prima facie material indicating cruelty and abetment of suicide. The bail was cancelled and the accused was directed to surrender. (Paras 1-10) B) Indian Penal Code - Dowry Death - Cruelty and Abetment of Suicide - Sections 498-A, 306 IPC - The FIR alleged that the deceased was subjected to mental and physical cruelty for dowry demands and that she committed suicide due to the same. The High Court found that the material on record disclosed a prima facie case against the accused, warranting cancellation of bail. (Paras 3-10)
Issue of Consideration
Whether the bail granted to respondent no.1 (husband) by the Additional Sessions Judge was liable to be set aside on the ground that the order was perverse and passed without considering the gravity of the offence and the prima facie material on record.
Final Decision
The High Court allowed the application, set aside the order dated 10th May 2011 passed by the Additional Sessions Judge, Osmanabad, granting bail to respondent no.1, and directed respondent no.1 to surrender before the concerned court within two weeks.
Law Points
- Bail cancellation
- prima facie case
- dowry death
- cruelty
- abetment of suicide
- Section 498-A IPC
- Section 306 IPC
- Section 439 CrPC
