9911796707
TMI Blog2021 (4) TMI 1382X X X X Extracts X X X X X X X X Extracts X X X X ..... ime of death, making a demand. There are specific allegations of harassment against the Accused on the ground of dowry. An order without reasons is fundamentally contrary to the norms which guide the judicial process. The administration of criminal justice by the High Court cannot be reduced to a mantra containing a recitation of general observations. That there has been a judicious application of mind by the judge who is deciding an application Under Section 439 of the Code of Criminal Procedure must emerge from the quality of the reasoning which is embodied in the order granting bail. While the reasons may be brief, it is the quality of the reasons which matters the most. That is because the reasons in a judicial order unravel the thought ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... mnized on 5 July 2018. It has been alleged in the FIR that at the time of the marriage, a cash amount of Rs. 15 lakhs, a motor vehicle and other household articles were provided in dowry. It has been alleged that the first Respondent and his parents were not satisfied with the amount of dowry and an amount of Rs. 5 lakhs was being demanded. On 8 February 2019, it has been alleged that at about 8.45 pm, a phone call was received from a cell phone from the first Respondent when the Appellant was informed that if he wished to see his sister alive, an amount of Rs. 5 lakhs should be arranged. It has been alleged that the phone was then disconnected. However, at 1.30 am on 9 February 2019, the Appellant is alleged to have received a phone call r ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the notice issued by this Court on 27 January 2021. 6. Mr. Vishal Yadav, learned Counsel appearing on behalf of the Appellant submits that (i) the High Court has adduced absolutely no reasons for the grant of bail; (ii) the submission before the High Court that the deceased was suffering from a mental illness is patently false and the so called medical prescription dated 1 January 2019 was issued by an Ayurvedic doctor about a month before the date of the incident on 1 January 2019; (iii) ex facie, the medical prescription would indicate that the deceased was not undergoing treatment for a mental condition; (iv) the death has taken place within a year of the marriage; and (v) having regard to the provisions of Section 304-B of the Indian Pe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e was away from home to attend a marriage of a close friend, he had received a call at 8.45 pm from the same mobile number which is referred to in the FIR to the effect that his spouse has committed suicide. Hence, it has been submitted that there has been a clear attempt to improve upon the case which was set up in the application for bail filed before the High Court. 9. At the present stage, certain basic aspects need to be noted. It is not in dispute that the first Respondent was married to the sister of the Appellant on 5 July 2018. She died on 8 February 2019, within a year of the marriage. There are specific allegations in the First Information Report in regard to the demand of dowry, as well as in regard to a phone call being receive ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d by the High Court to the rival submissions is necessary. The High Court has merely recorded the submissions and in the extract which we have reproduced earlier proceeded to grant bail without any evaluation of the rival submissions. In this context, it would be worthwhile to reproduce the principle which has been formulated in the two-Judge Bench decision of this Court in Brij Nandan Jaiswal v. Munna alias Munna Jaiswal (2009) 1 SCC 678 where the Court observed thus: It is now a settled law that the complainant can always question the order granting bail if the said order is not validly passed. It is not as if once a bail is granted by any court, the only way is to get it cancelled on account of its misuse. The bail order can be tested on ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ximity to the time of death, making a demand. There are specific allegations of harassment against the Accused on the ground of dowry. An order without reasons is fundamentally contrary to the norms which guide the judicial process. The administration of criminal justice by the High Court cannot be reduced to a mantra containing a recitation of general observations. That there has been a judicious application of mind by the judge who is deciding an application Under Section 439 of the Code of Criminal Procedure must emerge from the quality of the reasoning which is embodied in the order granting bail. While the reasons may be brief, it is the quality of the reasons which matters the most. That is because the reasons in a judicial order unra ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
