Talat Sanvi vs State of Jharkhand as on 24 Jan 2023 SC
Code of Criminal Procedure, 1973 (Act 2 of 1974) – Section 482 – Inherent powers of High Court – Accused cannot be made to pay ad interim victim compensation by the High Court in the exercise of their inherent powers as a precondition to get anticipatory bail without reasonable justification – Held, there was no reasonable justification for the High Court to call upon the appellant to submit a demand draft of Rs. 10 lakhs in availing the benefit of pre-arrest bail – Appeal allowed.
Judgement
The appeal was filed by the appellant-husband assailing the condition incorporated by the Jharkhand High Court while granting him anticipatory bail under its order dated 15-02-2019 followed with dated 04/05-03-2021, indicating that for pre-arrest bail, he has to deposit a Demand Draft of Rs. 10 Lakhs as adinterim victim compensation in favour of Respondent No. 2 – wife. It is indeed a matrimonial dispute between the parties and their marriage was solemnized according to the Hindu Rights and Customs on 11.06.2015, but later because of their matrimonial differences, an application was filed by the appellant seeking dissolution of marriage on 08.07.2016 and Respondent No. 2 also instituted a Criminal Complaint against the appellant (husband) No. 2233/2017 on 27.07.2017 before the Chief Judicial Magistrate, which was later converted to FIR No. 3055 of 2018 on 22.02.2018 for offences under Section 498A, 120B, 323, 324 IPC read with Section 3/4 Dowry Prohibition Act.
The High Court exercised its powers under Section 482 Cr. P.C. and passed the order directing the appellant to submit a Demand Draft of Rs. 10 Lakhs as ad-interim victim compensation, as revealed from the order dated 04/0503-2021 to permit the appellant to avail the benefit of pre-arrest bail.
After SC finds no reasonable justification for the High Court to call upon the appellant to submit a demand draft of Rs.10 lakhs in availing the benefit of pre-arrest bail. Consequently, the appeal stands allowed and the order passed by the High Court dated 04/05- 03/2022 directing the appellant to deposit a Demand Draft of Rs. 10 Lakhs is hereby set aside.
