Delhi High Court
Sajani Khanna And Anr. vs State on 13 March, 2002
Equivalent citations: 2002IVAD(DELHI)185, 96(2002)DLT815
Author: R.S. Sodhi
Bench: R.S. Sodhi
ORDER
1. This petition is filed against the order of the Additional Sessions Judge, New Delhi, dated 22.2.2002, whereby the learned Judge has directed the petitioners to deposit a sum of Rs. 2.5 lacs with the complainant to cover her maintenance and that of the child of the family being pre-condition of grant of pre-arrest bail.
2. The facts of the case are that the petitioners herein are brother-in-law and sister-in-law of the complainant. Their premises and lockers were searched pursuant to the complaintnt's allegations that her Estri Dhan is lying with the petitioners. They apprehended arrest on the allegations made by the complainant and moved the Court of Sessions by way of application for pre-arrest bail. The application was ultimately disposed of with conditions as stated above. The tenor of the order proceeds as if one of the petitioners is the husband of the complainant and it is his moral duty to maintain his wife and child. It appears, therefore, that the Judge has factually erred. Further, he was erroed in requiring the petitioners to deposit a sum of Rs. 2.5 lacs by way of maintenance for complainant and the child as a pre-condition for bail. Such orders are deprecated by the Supreme Court in Amarjit Singh v. State of NCT of Delhi, 96 (2002) Delhi Law Times 59 Suprme Court. The law haivng been settled, I need hardly to go into the legality of the order. Suffice it to say that such an order is against public policy and canone of criminal law. Thereore, I set aside the order dated 22.2.2002 of the learned Additional Sessions Judge. The petitioners herein are admitted to a pre-arrest bail on their furnishing a personal bond in the sum of Rs. 25,000/- (rupees twenty five thousand only) each with one surety each in the like amount to the satisfaction of Arresting Officer. The petitioners shall join investigation as and when called for and shall not tamper with nor cause any impediment in the investigation.
Crl.M.(M) 616/2002 stands disposed of.
dusty.