SUPREME COURT OF INDIA
M.P. Lohia
Vs.
State of West Bengal
Crl.A.No.219 of 2005
(N.Santosh Hedge and S.B.Sinha JJ.)
04.02.2005
N.Santosh Hegde, J.
1. Heard learned counsel for the parties.
2. Leave granted.
3. The appellants in these appeals have been charged for offences punishable
under Sections 304B, 406 and 498A read with Section 34 of the IPC. Their
applications for the grant of anticipatory bail have been rejected by the
courts below. Daughter of the complainant Chandni (since deceased) was married
to the appellant in the third appeal before us. Their marriage took place on
18th February, 2002. The appellants live in Ludhiana whereas the complainant
and his family are residents of Calcutta. Chandni committed suicide on 28th of
October, 2003 at her parents house in Calcutta. It is the case of the
appellants herein that the deceased was a schizophrenic psychotic patient with
cyclic depression and was under medical treatment. Though she was living in the
matrimonial home often went to Calcutta to reside with her parents and she was
also being treated by doctors there for the above- mentioned ailments.
4. While the complaint against the appellants is that they were not satisfied
with the dowry given at the time of wedding and were harassing the deceased
continuously, consequent to which she developed depression and even though the
parents of the deceased tried to assure the appellants that they would try to
meet their demand of the dowry, the deceased was being treated cruelly at her
matrimonial home and her husband had no love and affection to her because of
which she developed depression.
5. It has also come on record that the deceased had tried to commit suicide at
the residence of her parents sometime in July, 2002 i.e. about a year earlier
than the actual date of her death. On behalf of the prosecution as well as on
behalf of the defence, large number of documents have been produced to show
that the appellants were demanding dowry because of which the deceased was
depressed and ultimately committed suicide. Per contra the documents from the
side of the defence show that the relationship between the husband, wife and the
in-laws were cordial and it was only illness of the deceased that was the cause
of her premature death.
6. One thing is obvious that there has been an attempt on the part of both the
sides to create documents either to establish the criminal case against the
appellants or on the part of the appellants to create evidence to defend
themselves from such criminal charges. Correctness or genuineness of this
document can only be gone into in a full-fledged trial and it will not be safe
to place reliance on any one of these documents at this stage. Therefore, we
would venture not to comment on the genuineness of these documents at this
stage. Suffice it to say that this is a matter to be considered at the trial.
7. In this background the only question for our consideration at this stage is
whether the appellants be granted anticipatory bail or not.
8. As stated above, any expression of opinion on the merits of the case
except to the extent of finding out prima facie whether the appellants are
entitled for anticipatory bail or not, would likely to effect the trial.
Therefore, taking into consideration the entire material available on record
without expressing any opinion on the same, we think it appropriate that the
appellants should be released on bail in the event of their arrest on their
furnishing a bail bond of Rs. 1, 00, 000/- (Rupees One lakh) each and
one surety for the like sum by each appellants to the satisfaction of the Court
or the arresting authority as the case may be.
9. We direct that the appellants shall abide by the conditions statutorily
imposed under Section 438(2) of the Code of Criminal Procedure and further
direct that in the event of the investigating agency requiring the presence of
the appellants for the purpose of investigation they be given one week's notice
and they shall appear before such investigating agency and their presence at
such investigation shall not exceed two days at a time but such interrogation
shall not be a custodial interrogation. They shall be entitled to have their
counsel present at the time of such interrogation.
10. Having gone through the records, we find one disturbing factor which we
feel is necessary to comment upon in the interest of justice. The death of
Chandni took place on 28th February, 2002 and the complaint in this regard was
registered and the investigation was in progress. The application for grant of
anticipatory bail was disposed of by the High Court of Calcutta on 13.2.2004
and special leave petition was pending before this Court. Even then an article
has appeared in a magazine called 'Saga' titled "Doomed by Dowry"
written by one Kakoli Poddar based on her interview of the family of the
deceased. Giving version of the tragedy and extensively quoting the father of
the deceased as to his version of the case.
11. The facts narrated therein are all materials that may be used in the
forthcoming trial in this case and we have no hesitation that this type of
articles appearing in the media would certainly interfere with the
administration of justice. We deprecate this practice and caution the
publisher, editor and the journalist who was responsible for the said article
against indulging in such trial by media when the issue is subjudiced. However,
to prevent any further issue being raised in this regard, we treat this matter
as closed and hope that the other concerned in journalism would take note of
this displeasure expressed by us for interfering with the administration of
justice.
12. For the reasons stated above, these appeals succeed and the same are
allowed.