Monday, August 11, 2014

even after SC stopping auto arrests in 498A, parents run for bail up to HC !! Bail industry intact :-(

* Parents and Husband (son) accused in 498a
* Husband has been arrested and released
* Even after Stellar judgement on 02 Jul 2014 in Arnesh Kumar case, hubby's parents have to run to HC to get bail
* this is the sad status / fate of men and their parents in India !!

This judgment and other similar judgments posted on this blog was / were collected from Judis nic in website and / or other websites of Govt. of India or other internet web sites like worldlii or indiankanoon. Some notes are made by Vinayak. This is a free service provided by Vinayak (pen name). Vinayak is a member of SIF - Save Indian Family movement. SIF as a concept is committed to fighting FALSE dowry cases and elder abuse. SIF supports gender equality and a fair treatment of law abiding Indian men. Should you find the dictum in this judgment or the judgment itself repealed or amended or would like to make improvements or comments, please post a comment on the comment section of the blog or write to e _ vinayak @ yahoo . com (please remove spaces). Vinayak is NOT a lawyer and nothing in this blog and/or site and/or file should be considered as legal advise.


CRM-M No. 18583 of 2014

Date of decision : 02.08.2014

Manohar Lal and another ...Petitioners


State of Haryana ..Respondent

CORAM: HON'BLE MR. JUSTICE MEHINDER SINGH SULLAR Present: Mr. Shiv Kumar, Advocate for the petitioners.

Mr. Rajat Mor, DAG, Haryana for the State.

Mr. Vaibhav Prashar, Advocate for the complainant. ; ;


Mehinder Singh Sullar, J. (Oral)

Petitioners (parents in-law) have preferred the instant petition for the grant of concession of anticipatory bail, in a case registered against them along with their son and main accused Amit Kumar (husband) of complainant-Pooja, vide FIR No. 214 dated 03.05.2014, on accusation of having committed the offences punishable under Sections 498-A, 406, 506 read with Section 34 IPC, by the police of Police Station Mujesar, District Faridabad.

2. Notice of the petition was issued to the State.

3. After hearing the learned counsel for the parties, going through the record with their valuable assistance and after deep consideration of the entire matter, to my mind, the present petition for anticipatory bail deserves to be accepted in this context. ; ;

4. During the course of preliminary hearing, the following order was passed by this Court on May 27, 2014:-

"Learned counsel, inter alia, contended that the marriage of complainant Pooja was solemnized with Amit Kumar, son of the petitioners on 08.02.2012, according to Hindu rites and ceremonies. Petitioners are parents in-law of the complainant and were falsely implicated in the present case by her. The argument is that all the main allegations of cruelty in connection with and on account of demand of dowry are attributed to Amit Kumar, son of the petitioner, who was arrested, interrogated and was allowed the concession of regular bail, vide order dated 09.05.2014 (Annexure P-1) by the trial Court. Moreover, very vague and general allegations of cruelty are assigned to the petitioners and no indicated offences are made out against them.


Notice of motion be issued to the respondent, returnable for 21.07.2014.

Meanwhile, the petitioners are directed to join the investigation before the next date of hearing. In the event of their arrest, the Arresting Officer would admit them to bail on their furnishing adequate bail and surety bonds in the sum of Rs. 25,000/- each to his satisfaction."

5. At the very outset, on instructions from ASI Hari Om, learned State counsel has acknowledged the relevant factual matrix and submitted that the petitioners have already joined the investigation. They are no longer required for further interrogation, at this stage. There is no history of their previous involvement in any other criminal case. Moreover, all the offences alleged against the accused are triable by the Court of Magistrate. Even, since the prosecution has not yet submitted the final police report (challan) against the accused, so, the final conclusion of trial will naturally take a long time.

6. In the light of aforesaid reasons and taking into consideration the totality of facts and circumstances, emanating from the record, as discussed here-in-above and without commenting further anything on merits, lest it may prejudice the case of either side, during the course of trial of main case, the instant petition for anticipatory bail is accepted. The interim bail already granted to the petitioners, by virtue of indicated order by this Court, is hereby made absolute, subject to the compliance of the conditions, as contemplated under Section 438(2) Cr.P.C. ; ;

7. Needless to mention that, nothing observed here-in-above, would reflect, in any manner, on merits of the case, as the same has been so recorded for a limited purpose of deciding the present petition for pre-arrest bail. At the same time, in case, the petitioners do not cooperate or join the investigation, the prosecution would be at liberty to move a petition for cancellation of their bail, in this Court.


(Mehinder Singh Sullar) Judge ; ;


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