Case Note & Summary
The appellant, Jyoti Mandole, filed a criminal appeal challenging the order dated 09-04-2019 passed by the learned Sessions Judge, Dhule, granting bail to respondents No. 3 to 8 (original accused) in Special Case No. 10 of 2019 arising out of Crime No. 1 of 2019 registered at Dhule City Police Station for offences under Sections 498A, 406, 323, 504, 506 read with 34 of IPC and Sections 3 and 4 of the Dowry Prohibition Act, 1961. The appellant married Nitin Mandole on 25-11-2007 under the Special Marriage Act. After marriage, she was initially treated well but later subjected to mental and physical cruelty by her husband and his relatives. She was compelled to terminate her pregnancy and eventually deserted. She filed a complaint leading to the FIR. The respondents No. 3 to 8, who are relatives of the husband, were granted bail by the Sessions Judge without issuing notice to the public prosecutor and without recording any reasons. The appellant contended that the bail order was passed mechanically without application of mind. The High Court examined the impugned order and found that it did not contain any reasons for granting bail, nor did it reflect consideration of the nature and gravity of the offence. The court also noted that the Investigating Officer had not issued notice under Section 41A CrPC to the accused before seeking their arrest. The High Court held that the bail order was perverse and liable to be set aside. Consequently, the appeal was allowed, the impugned order was quashed and set aside, and the respondents No. 3 to 8 were directed to surrender before the trial court forthwith. The trial court was directed to decide the bail applications afresh in accordance with law.
Headnote
A) Criminal Procedure Code - Bail - Anticipatory Bail - Section 438 CrPC - Grant of bail without notice to public prosecutor and without reasoned order is illegal - The Sessions Judge granted bail to accused in a dowry harassment case without issuing notice to the public prosecutor and without recording reasons for grant of bail - Held that such order is perverse and liable to be set aside (Paras 5-7). B) Criminal Procedure Code - Arrest - Notice of Appearance - Section 41A CrPC - Mandatory compliance before arrest - The Investigating Officer did not issue notice under Section 41A CrPC to the accused before seeking their arrest - Held that the bail order cannot be sustained as the procedure under Section 41A was not followed (Para 6). C) Dowry Prohibition Act - Cruelty by Husband or Relatives - Sections 498A, 406 IPC and Sections 3, 4 Dowry Prohibition Act - Allegations of mental and physical cruelty, demand of dowry, and termination of pregnancy - The complainant alleged that she was subjected to cruelty and forced to abort - The court found that the allegations prima facie constitute offences under the said provisions (Paras 3-4).
Issue of Consideration
Whether the Sessions Judge erred in granting bail to the accused without proper application of mind and without complying with the mandatory provisions of Section 41A of CrPC and Section 438 CrPC
Final Decision
The appeal is allowed. The impugned order dated 09-04-2019 passed by the learned Sessions Judge, Dhule, below Exhibit-4/D and 6/D in Special Case No. 10 of 2019 is quashed and set aside. The respondents No. 3 to 8 are directed to surrender before the trial court forthwith. The trial court is directed to decide the bail applications afresh in accordance with law.
Law Points
- Bail order must be reasoned and reflect application of mind
- Section 41A CrPC notice must be served before arrest
- Anticipatory bail cannot be granted without hearing prosecution
- Section 438 CrPC requires notice to public prosecutor
