HC Asks Husband To Pay Wife Rs 10 Lakhs For Anticipatory Bail In Dowry Harassment Case; Supreme Court Sets Aside Condition As Unreasonable

By the impugned order, the High Court had exercised its inherent powers under Section 482 of the Code of Criminal Procedure, 1973 and directed the appellant-husband to pay the complainant 'victim compensation' as an interim measure. The Division Bench, allowing the appeal preferred by the accused, held that there was "no reasonable justification" for the High Court to incorporate such a condition while granting the husband pre-arrest bail. The Bench, comprising Justices Ajay Rastogi and C.T. Ravikumar, held –

"After we have heard counsel for the parties, we find 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 directing the appellant to deposit a Demand Draft of Rs. 10 Lakhs is hereby set aside."

Case Title

Ravikant Srivastava @ Ravi Kant Shrivastava v. State of Jharkhand & Anr. [Criminal Appeal No. 1803/2022 arising out of SLP (Criminal) No. 1771/2022]

Citation : 2022 LiveLaw (SC) 877

Headnotes

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.