TaxTMI 
TaxTMI 
2007 (4) TMI 790
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....il applications and passed the impugned order in each case reiterating its view that the respondent No. 2 in each case was entitled to grant of bail. 3. Background facts in a nutshell are as follows: Bimal (respondent No. 2 in appeal relating to SLP (Crl.) No. 49 of 2007) was married to the daughter of the appellant- accused i.e. Manisha (hereinafter referred to as 'deceased'). The marriage between the deceased and the said accused took place on 9.5.2005. Within five months of marriage, the deceased was found dead on 1.10.2005. The appellant lodged FIR at the Jharsuguda police station and on that basis a case was registered and investigation was undertaken. The offences indicated were punishable under Sections 498A, 304B, 302, 406 read with Section 34 of the Indian Penal Code, 1860 (in short the 'IPC') and Section 4 of the Dowry Prohibition Act, 1961, (in short 'the Act') Respondent No. 2 was arrested on 3.10.2005. Rest of the accused persons were found to be absconding and police having failed to arrest them in spite of issuance of non-bailable warrants of arrest. An application in terms of Sections 82 and 83 of the Code of Criminal Procedure, 1....
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....ncerned. It is to be noted that on 22.3.2006 Kanta Devi moved the High Court for bail. The High Court granted the bail imposing conditions similar to those which were stipulated in case of Sujata Devi. Accused Sunil Kumar moved the High Court for regular bail. By order dated 7.4.2006 the prayer was rejected but liberty was granted to renew his prayer for bail after the case was committed to the Court of Sessions. On 21.4.2006 the High Court granted bail to Kailashnath on the ground that he was aged and sick. Here again, the High Court passed an order to the effect that same was not to be treated as a precedent so far as other accused persons are concerned. On 3.5.2006 accused Sunil Kumar moved the Sessions Court for bail on the ground that his father requires further treatment at Apollo Hospital and there was no male member to accompany him. The learned Sessions Judge rejected the prayer of bail by order dated 3.5.2006 suspecting genuineness of the documents filed. It was noted that report was dated 30.6.2006 i.e. date put on the advisory report, while the application was made earlier. Because of this suspicious document, the application for bail was rejected. 4. The date for fr....
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.... has not been examined by the investigating agency and statement has not been recorded under Section 161 of the Cr.P.C., that cannot be a ground to grant bail to the accused persons. It has been held by the learned Single Judge that the accused persons were permanent residents and there was no question of their absconding or there being problem in ensuring their presence. It is submitted that at least accused Sunil had absconded for a long time, more than once his application in terms of Section 438 Cr.P.C. was rejected by the High Court. He was absconding and, therefore, action of attachment property in terms of Sections 82 and 83 of the Cr.P.C. were taken. It is stated that charges have not been framed as yet because proceedings have been stayed by the High Court at the instance of the respondents-accused persons. 7. Learned Counsel for the State submitted that the High Court not only acted on erroneous premises but completely overlooked the fact that undisputedly accused Bimal and deceased went to the bed together, the latter died under suspicious circumstances. Charge sheet has been filed therefore, the grant of bail is not proper. Reliance was placed on a decision of this C....
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....tice that the High Courts by recording the concessions shown by the counsel in the criminal proceedings refrain from assigning any reason even in orders by which it reverses the orders of the lower courts. In our opinion, this is not proper if such orders are appealable, be it on the ground of concession shown by learned Counsel appearing for the parties or on the ground that assigning of elaborate reasons might prejudice the future trial before the lower courts. The High Court should not, unless for very good reasons desist from indicating the grounds on which their orders are based because when the matters are brought up in appeal, the court of appeal has every reason to know the basis on which the impugned order has been made. It may be that while concurring with the lower court's order, it may not be necessary for the said appellate court to assign reasons but that is not so while reversing such orders of the lower courts. It may be convenient for the said court to pass orders without indicating the grounds or basis but it certainly is not convenient for the court of appeal while considering the correctness of such impugned orders. The reasons need not be very detailed or e....
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....ontended by learned Counsel for the appellant, the High Court has given findings which could have been given at the trial. In fact, some of the conclusions are contradictory. In para 9 of the judgment the High Court has noted as follows: Be that as it may, the post-mortem report is a prima facie piece of material the evidentiary value can be considered at the time of trial. But indicating "peculiar features of the case", the High Court has observed that "the post-mortem report coupled with chemical examination report prima facie reveals that the death of Manisha was neither homicidal nor suicidal". Interestingly, earlier the same learned Judge concluded as follows about the blood stains on the pillow by order dated 24.1.2006 in Crl.MC No. 25 of 2006: x x x I have heard learned Counsel for the parties at length and have perused the materials available in the Case Diary. The post-mortem report reveals that blood mixed with fluid was detected from both the nostrils and mouth of the deceased. It is also submitted by the learned Counsel for the State that a pillow cover stained with blood has also been recovered by police. All these facts prima facie reveal....