IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. OF 2023 (@ SPECIAL LEAVE TO APPEAL (CRL.) NO.9245 OF 2022)
JITENDRA PRAJAPATI ….. APPELLANT
VERSUS
THE STATE OF MADHYA PRADESH ….. RESPONDENT
O R D E R
Leave granted.
The appellant is seeking bail in the First Information Report
(FIR) No.273 of 2022 under Sections 304-B, 306 and 34 of the Indian Penal Code, 1860 and Sections 3 and 4 of the Dowry Prohibition Act, 1961 registered at Police Station Biaora, District- Raigarh, Madhya Pradesh.
Our attention is drawn to the testimony of Laxmi Chand (PW-1), the father of the deceased – Puja, who had stated that the marriage had taken place sometime in 2014, and on 21.08.2014, the name of the deceased was added in the ration card of the family of the husband/appellant – Jitendra Prajapati.
The date of death in the present case, in view of the statement made, would be beyond the period of seven years from the date of marriage. Thus, the contention of the appellant is that the offence under Section 304-B of the Indian Penal Code, 1860 is not made out. Learned counsel for the State has not controverted the said assertion, albeit reference is made to the statements made by 1 some other persons under Section 161 of the Code of Criminal Procedure, 1973. These statements do not clearly state the date of marriage, but claim that the marriage was about six years before the date of death. Be that as it may, without recording detailed findings, we feel that the appellant should be released on bail on the terms and conditions to be fixed by the trial court. However, the trial court will be entitled to cancel the bail, in case the appellant does not appear or prolongs the trial.
Further, this order granting bail will not be construed as an order expressing opinions on the merits of the case.
Recording the aforesaid, the impugned order is set aside and the appeal is allowed in the above terms.
Pending application(s), if any, shall stand disposed of………J.
(SANJIV KHANNA) ………………J.
(M.M. SUNDRESH)
NEW DELHI;
JANUARY 18, 2023.
ps
2 ITEM NO.18 COURT NO.7 SECTION II-A
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Petition(s) for Special Leave to Appeal (Crl.) No(s). 9245/2022
(Arising out of impugned final judgment and order dated 26-08-2022 in MCRC No. 35418/2022 passed by the High Court Of M.P At Indore)
JITENDRA PRAJAPATI PETITIONER(S)
VERSUS
THE STATE OF MADHYA PRADESH RESPONDENT(S)
(IA No. 147031/2022 – EXEMPTION FROM FILING O.T.)
Date : 18-01-2023 This matter was called on for hearing today.
CORAM : HON’BLE MR. JUSTICE SANJIV KHANNA
HON’BLE MR. JUSTICE M.M. SUNDRESH
For Petitioner(s) Mr. Radhakrishna S. Hegde, Sr. Adv.
Mrs. Farhat Jahan Rehmani, Adv.
Mr. Krishna Sharma, Adv.
Mr. Rajeev Singh, AOR
For Respondent(s) Mr. P.V. Yogeshwaran, A.A.G.
Mr. Pashupathi Nath Razdan, AOR
Mr. Astik Gupta, Adv.
Mr. Ayushi Mittal, Adv.
Mr. Vipul Abhishek, Adv.
UPON hearing the counsel, the Court made the following
O R D E R
Leave granted.
The appeal is allowed and the appellant is granted bail in terms of the signed order.
Pending application(s), if any, shall stand disposed of.
(POOJA SHARMA)
COURT MASTER (SH) (R.S. NARAYANAN)
COURT MASTER (NSH)
(Signed order is placed on the file.) 3