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CRIMINAL APPELLATE JURISDICTION
SPECIAL LEAVE
PETITION (Crl.) No. of 2013
(Arising from judgment and final
order dated dd.mm.yyyy in S.B. Criminal Misc. Bail Application No. ………………… of
2015 passed by the Hon’ble High Court of Judicature for Rajasthan at Jodhpur)
In
the matter of:
.......................... ………. PETITIONER
THE STATE OF ………………… .......RESPONDENT
WITH
In
the matter of: Crl. M.P. No. _____ of 2013
An application for ex-parte stay of arrest.
AND
Crl. M.P. No. _____ of 2013
An application for exemption from
filing official English Translation.
AND
Crl. M.P. No. _____ of 2013
An application under order XLVII
of Supreme
Court for exemption from
filing Certified copy of the Annexures.
-----------------------------------------------------------------
ADVOCATE FOR THE
PETITIONER
S.NO.PARTICULARS PAGE NO.
1.
O/R
on limitation
2.
List
of Dates
3.
Impugned
Judgment and final Order
dated dd.mm.yyyy in S.B. Criminal Misc.
Bail Application No. …………. of 2013
passed by the Hon’ble High Court
of Judicature for Rajasthan at Jodhpur
4. Special Leave Petition with affidavit
5. Annexure P-1
True translated copy of the
FIR
No. xxxx/13 u/s 498-A/406 IPC
P.S. ……….. dated dd.mm.yyyy
6. Annexure P-2
Copy
of order dated dd.mm.yyyy
7. Annexure
P-3
Copy of order dated dd.mm.yyyy
8. Annexure P-4
Photographs showing the said
illicit relationship
9. Crl. M.P. No. _____ of 2013
An application for ex-parte stay of arrest.
10. Crl. M.P. No. _____ of 2013
An application for exemption
from filing
official English
Translation.
11. Crl. M.P. No. _____ of 2013
An application under order XLVII
of Supreme Court for exemption from
filing Certified copy of the Annexures.
dd.mm.yyyy The
Petitioner had joined the services of
Indian Air Force Station, Belgaon, Karnataka
and now the Petitioner is presently posted at CISF Unit deployed at
Mehsana, ONGC. The Petitioner is aged
about 58 years and the Petitioner are
always remained on transferable job throughout India through his whole life.
March, yyyy In
the month of March, yyyy the engagement the ceremony between the son of the
Petitioner ………………… and Smt. ……………………. D/o Sh. ……………. R/o……………………………………………………………………., Rajasthan was
solemnized.
19.7.2010
The son of the Petitioner had married with complainant…………on………………dd.mm.yyyy
according to Hindu rites and ceremonies at Delhi. The Petitioner had never raised any demand of dowry, costly,
articles, jewellery or clothes or any other valuable things and properties from
the Complainant and her parental family
members at any point of time either before marriage, at the time of marriage
and thereafter and never caused any kind of harassment, cruelties and
atrocities upon the Complainant at any point of time. The Petitioner had never interfered in the matrimonial life
of the Complainant and her husband at
any point of time. No list of articles/jewellery/gifts between the parties were
prepared at the time of marriage.
dd.m.yyyy The Complainant in collusion and
connivance with her parental family members
had left the company of the his son from the premises bearing No. ………………………………...
The
Complainant during her stay at the
company of his husband had never lodged any kind of complaint either before CAW
Cell, police authority or court in respect of dowry demand and harassment
against the Petitioner herein.
dd.mm.yyyy The
Complainant after almost two years of
leaving the company of her husband by misusing and abusing the process of law
and with dishonest and fraudulent intention to cause mental torture, pain,
agony, suffering and set back has lodged the false, fabricated, manipulated,
concocted and vexatious criminal proceedings vide criminal case No. xxxxx/13
u/s 498-A/406 IPC at P.S……………….. as per the directions of CJM Court.
27.6.2013 The
police officials namely…………….., SHO, P.S. CAW Cell,……….. had arrested the wife
of the Petitioner and received the
articles.
The
petitioner has got apprehension of his arrest. The bail application of the
petitioner has been dismissed by the Hon’ble Court of Ms…………………,Ld. ASJ(RHJS),
Nagaur, vide its order dated dd.mm.yyyy.
dd.mm.yyyy The
Hon'ble……………, was pleased to direct the Petitioner to appear the investigating officer on dd.mm.yyyy
and matter was adjourned for dd.mm.yyyy. In compliance of the direction of the
Hon'ble High Court of Jodhpur, the
Petitioner had joined the
enquiry/investigation on dd.mm.yyyy and had given the full cooperation and
coordination of the Investigation agency but nothing incriminatory articles
were recovered from the possession of the Petitioner.
25.9.2013
The petitioner filed a petition for the grant of bail before Hon'ble High
Court of Judicature at Rajasthan vide
S.B. Criminal Misc. Bail Application No. xxxxx of 2013 and the Hon'ble High Court vide its order dated 25.9.2013 dismissed the
bail application of the Petitioner. (Impugned order)
Hence the Special Leave Petition.
CRIMINAL APPELLATE JURISDICTION
SPECIAL LEAVE
PETITION (Crl.) No. of 2013
In
the matter of:
Before Trial High Court In this
Court Court
xxxxxxxx
S/O
SH. xxxxxxx
R/O
……………………,.
Accused Petitioner
Petitioner
The State of Rajasthan
Through its Director
of Prosecution Cell,
Supreme Court,
New Delhi
Prosecution
Respondent Respondent
AND
In the
matter of:- PETITION UNDER
ARTICLE 136 OF THE CONSTITUTION OF
INDIA AGAINST THE JUDGMENT AND FINAL ORDER DATED 25.9.2013 IN S.B. CRIMINAL MISC. BAIL
APPLICATION NO. 5136 OF 2013 PASSED BY THE HON’BLE HIGH COURT OF JUDICATURE FOR
RAJASTHAN AT JODHPUr
To,
The Hon’ble Chief Justice of India
and his
Companion
Justices of the Supreme Court
of India at New Delhi.
The Humble petition of the
above-named petitioner.
Most
Respectfully Showeth as under:
1.
That the present petition has been filed
under Article 136 of the Constitution of India seeking Special Leave to appeal
arising against the judgment and final order dated 25.9.2013 in S.B. Criminal
Misc. Bail Application No. xxxxxx of 2013 passed by the Hon’ble High Court of
Judicature for Rajasthan at Jodhpur, wherein the Hon’ble High Court dismissed
the anticipatory bail application of the petitioner.
2.
QUESTION OF LAW:-
The instant petition raises the following substantial question of law of public importance which has not
been decided earlier by this Hon'ble Court.
(a)
Whether any other list of articles, dowry, can be
looked into for any legal purposes and consideration and the recovery of the
articles and the subject matter before
the court which has not been prepared according to the Dowry Prohibitions Rules
and Regulations, 1985 ?
(b)
Whether the Investigation
agency and the Hon'ble Court can forced
the accused persons to return the articles
as per the list which has not been prepared as per the Dowry Prohibition
Rules and Regulations, 1985 ?
(c)
What is the legality and
validity of the list which has not been
prepared at the time of marriage by both the sides as per the compliance of
Dowry Prohibitions Rules and Regulations ?
(d)
Whether the Hon'ble Court
has jurisdiction to enforce the list which has not been prepared as per
the Dowry Prohibition Rules and Regulations ?
(e)
Whether a person can be
denied the privileges, concession, and benefits of the bail, if he fails to
return the articles as per the list which is not having any legal value and which
is null and void and nonest in the eyes of law ?
(f)
Whether the person can be
denied a benefit of the bail when he is permanent resident of Delhi and there is no chances of fleeing from justice ?
(g)
Whether a person can be
denied a benefit of the bail when the entire case of the Complainant is resting upon the statement of her and her
interested witnesses ?
(h)
Whether the Hon'ble
Court has power to withhold the bail in
the matrimonial matters ?
(i)
Whether the person can be
denied the benefit of the bail merely on the ground that the articles is yet to
be returned/recovered ?
(j)
Whether the criminal
proceedings can be used as a instrument and means of recovering of the illegal
and unlawful articles which has not been prepared as per the list of Dowry
Prohibition Rules ?
(k)
Whether investigation agency has a power and
authority to recovery the articles as per the list of Articles which has not
been prepared at the time of marriage ?
3.
That the brief facts of this case are
enumerated hereinafter.
4.
That
the Petitioner had joined the
services of Indian Air Force Station, Belgaon, Karnataka on 25.3.1990 and now the Petitioner is presently posted at ………………………………………. The Petitioner is aged about 58 years and the Petitioner are
always remained on transferable job throughout India through his whole life.
5.
That
in the month of March, 2010 the engagement the ceremony between the son
of the Petitioner namely………………… and Smt.
………. D/o Sh. …………………. R/o …………………………, Nagore, Rajasthan was solemnized.
6.
That
the son of the Petitioner had
married with complainant …………… on dd.mm.yyyy
according to Hindu rites and ceremonies at Delhi. The Petitioner had never raised any demand of dowry, costly,
articles, jewellery or clothes or any other valuable things and properties from
the Complainant and her parental family
members at any point of time either before marriage, at the time of marriage
and thereafter and never caused any kind of harassment, cruelties and
atrocities upon the Complainant at any point of time. The Petitioner had never interfered in the matrimonial life
of the Complainant and her husband at
any point of time. No list of articles/jewellery/gifts between the parties were
prepared at the time of marriage.
7.
That
the Complainant in collusion and connivance with her parental family
members had left the company of the his
son from the premises bearing No…………………………..dd.mm.yyyy.
8.
That the Complainant during her stay at the company of his husband
had never lodged any kind of complaint either before CAW Cell, police authority
or court in respect of dowry demand and harassment against the Petitioner
herein.
9.
That
on 7.6.2013, the Complainant after almost two years of leaving the company
of her husband by misusing and abusing the process of law and with dishonest
and fraudulent intention to cause mental torture, pain, agony, suffering and
set back has lodged the false, fabricated, manipulated, concocted and vexatious
criminal proceedings vide criminal case No. xxxxx/13 u/s 498-A/406 IPC at P.S.
Nagaur as per the directions of CJM Court. True translated copy of the FIR No.xxxxx/13 u/s 498-A/406 IPC P.S. Nagaur dated 7.6.2013 is annexed
herewith as Annexure P-1 (from
pages ____ to ____)
10.
That
the police officials namely……………….., SHO, P.S. CAW Cell, Nagaur had
arrested the wife of the Petitioner on
27.6.2013 and received the articles.
11.
That
the petitioner has got apprehension of his arrest. The bail application
of the petitioner has been dismissed by the Hon’ble Court of Ms.xxxxxx, Ld. ASJ(RHJS), Nagaur, vide its order dated 5.7.2013. True translated copy of order dated 5.7.2013
is annexed herewith as Annexure P-2 (from pages ____ to ____)
12.
That
the Hon'ble Justice xxxxxx was pleased to direct the Petitioner to appear the investigating officer on
15.7.2013 and matter was adjourned for 26.7.2013. In compliance of the
direction of the Hon'ble High Court of
Jodhpur, the Petitioner had joined the
enquiry/investigation on 22.7.2013 and had given the full cooperation and
coordination of the Investigation agency but nothing incriminatory articles
were recovered from the possession of the Petitioner. Copy of order dated 15.7.2013 is annexed
herewith as Annexure P-3 (from
pages ____ to ____).
13.
That the petitioner filed a petition for the grant of bail before Hon'ble High
Court of Judicature at Rajasthan vide
S.B. Criminal Misc. Bail Application No. ……….. of 2013 and the Hon'ble High Court vide its order dated 25.9.2013 dismissed the
bail application of the Petitioner. (Impugned order)
14.
Being aggrieved by and dissatisfied with the judgment and order dated 25.9.2013 passed by the High
Court of Delhi, the petitioner is
preferring this petition inter-alia on the following grounds:-
a.
Because
the Hon'ble Court below has totally failed to consider that the list
of dowry articles relied by the Complainant
was not legally admissible in eyes of law as the list of articles relied upon by the
Complainant was not prepared as per the
provisions of Dowry Prohibition Rules and Regulations. Therefore, the Ld. Court below was not
justified in directing the
Petitioner return the articles as
per the list of the Complainant.
b.
Because
the Courts below failed to
appreciate that whatever articles were
in the custody of the Petitioner
or his family members the same has been recovered after the wife of the
present Petitioner was taken into
custody.
c.
Because
the Petitioner and his family
members have been implicated in a false case of dowry and the same has been done by the Complainant just to save herself from her misdeeds as she
was to an illicit relationship with some other persons. Photographs showing the
said illicit relationship are annexed
herewith as Annexure P-4.
d.
Because
the list filed by the Complainant
before CAW Cell is not legally admissible in eyes of law and the same
cannot be acted upon as per the provision of order 2 of THE DOWRY PROHIBITION (MAINTENANCE OF LISTS OF PRESENTS TO THE BRIDE AND
BRIDEGROOM) RULES, 1985
2.
Rules in accordance with which lists of presents are to be maintained.-(1)
The list of presents which are given at the time of the marriage to the bride
shall be maintained by the bride.
(2) The list of present which are given at
the time of the marriage to the bridegroom shall be maintained by the
bridegroom.
Every list of presents
referred to in sub-rule (1) or sub-rule (2),-
(a)
shall be prepared at the time of the marriage or as soon as possible after the
marriage:
(b)
shall be in writing;
(c) shall contain,-
(i) a brief description of
each present;
(ii) the approximate value
of the present;
(iii)the name of the person
who has given the present; and
(iv)where
the person giving the present is related to the bride or bridegroom, a
description of such relationship;
(d) shall be signed by both the bride and
the bridegroom.
Explanation.
1.- Where the bride is unable to sign, she may affix her thumb impression in
lieu of her signature after having the list read out to her and obtaining the
signature on the list, of the person who has so read out the particulars
contained in the list.
Explanation
2.- Where the bridegroom is unable to sign he may affix his thumb-impression in
lieu of his signature after having the list read out to him and obtaining the
signature on the list of the person who has so read out the particulars
contained in the list.
(4)
The bride or the bridegroom may, if she or he so desires, obtain on either or
both of the lists referred to in sub-rule (1) or sub-rule (2) the signature or
signatures of any relations of the bride or the bridegroom or of any other
person or persons present at the time of the marriage.
e.
Because
in a society governed by rule of law, the statutory bodies and judicial
authorities are under a statutory legal obligations to exercise their power strictly according to
the Act and rules and regulations made under and if any authority ignored the
statutory provisions and rules and regulations made thereunder then it is a
violated of basic structure of constitution of India as in the case of the
Petitioner, the Hon'ble Court below
ought to have exercised its judicial discretions strictly accordingly to the
provision of Dowry Prohibition Act, 1968 and rules and regulations made
thereunder and the Ld. Court below was not having any legal jurisdiction and
lawful authority and power to exercise the jurisdiction contrary to the
provision of Dowry Prohibition Act, and
rules and regulations made there under and in this manner, the Hon'ble Justice
below has exceeded its jurisdiction and
has failed to exercise jurisdiction vested in it by law judiciously, justly and
fairly and the court can never be a
party to a wrong things which is prohibited by law and in the present case any
other list which is not prepared as per
the provisions of Dowry Prohibition Rules, 1985 cannot be enforced in the court
law.
f.
Because
the Hon'ble Court below was not having any power and authority to implement
and enforced the list of dowry articles relied upon by the Complainant and the
Ld. Trial Court has exceeded in its
jurisdiction by giving the directions to the Petitioner to return the articles.
g.
Because
the list filed by the Complainant
is not supported with any bills, invoices etc. and if any is placed on
record, the same is fabricated one as
the list upon which the Complainant
is relying not prepared at the
time of marriage.
h.
Because
there is no material on record for coming to the conclusion and
inferences that the Petitioner has not
complied with the directions of the Hon'ble Justice below and there was no deliberately, willful,
intentional disobey of directions of the
Hon'ble Court and the Petitioner has immense respect and regard directions,
order of the Hon'ble Court below because
it portect the fundamental right and
liberty of the citizen.
i.
Because
the Hon'ble Court below has deprived the Petitioner to avail the benefit of section 438 Cr.P.C.
which is the provisions for securing the liberty of the Petitioner and the Ld. court below has deprived the
Petitioner of his substantive right to get the bail and failure to exercise
jurisdiction by the Ld. Court below has
caused greave miscarriage and failure of justice and irreparable loss and
injury to the interest of the Petitioner
and has deprived the Petitioner
to secure his liberty by following the procedure established under the
law.
j.
Because
the Hon'ble Court below has not followed the humanistic and pragmatic
approach in exercising the jurisdiction for granting the bail.
k.
Because
the Hon'ble Court below has totally failed to consider that the
Hon'ble Court was having the ample jurisdiction and power to
direct the Petitioner to appear again
before the investigation officer.
l.
Because
the Hon'ble Court below has totally failed to consider that at the
time of exercise of bail jurisdiction the nature of allegations and gravity and seriousness of the offence,
nature of the punishment, character and
nature of evidence, chances of the tempering with the prosecution evidence and chances
of fleeing from justice and
status of the accused persons and victim should be consider and all the
cumulative factor should be considered while granting the bail and bail
jurisdiction cannot be exercise in a highly capricious, arbitrary and has deprived the Petitioner of substantive and constitutional right to
secure his liberty by following the procedure established under the law as the
bail is only procedure through which the liberty of the citizen can be
protected and denying a persons of availing
the opportunity of statutory right u/s 438 Cr.P.C. and Article 21 of Constitution of India is totally
negotiation of rule of law.
m.
Because
the Hon'ble Court below has totally failed to consider that the
Petitioner during the enquiry before the
CAW Cell has fully cooperated and given the coordination to the investigation
agencies and the Complainant refused to
take the articles as she wanted to
create a ground for cancellation of bail so there was no justification and
lawful grounds for appearing before the enquiry officer.
n.
Because
the Hon'ble Court below has totally failed to consider that even the
single retention of the articles may invoke the applicability of section 406
IPC and it is not the requirement of the law and not the obligations upon the
accused persons that the will get recovered the articles of the Complainant which is not in custody, power, possession
and control of the Petitioner of the
Petitioner.
o.
That
the statutory power should be exercise bonafidely honestly and sincerely
and for the purpose and object for which
it has been conferred upon any authority and if
the statutory bodies do not exercise the power when the circumstances
exist for exercising of the power to attain the object and aims of the
statutory provisions, then it tantamount to misuse and abuse of process of law
and in the present case there was ample
evidence and material on record that the Petitioner was entitled for the benefit of the anticipatory bail and being the public
servant in …………….., there was no chances of fleeing from justice and tempering
with the prosecution evidence and due to
the mechanical exercise of the power, the Petitioner has been forced to keep himself away from the process of law and the action of Ld. Court below has
depriving the Petitioner to earn his
livelihood.
p.
Because
the court below failed to
appreciate the fact that the petitioner
has clean and clear antecedents and has never
been convicted in any case by any
court of law and no other criminal case/inquiry/proceedings are pending against
her in any court of law.
q.
Because
the Hon'ble Court below has totally failed to consider that nature of the dispute between the parties has arisen out of
matrimonial discord.
r.
Because
the Hon'ble Court below has totally failed to consider that nature and gravity of offence and nature of
the sentence should be consider at the time of
passing the conviction.
s.
Because
the Hon'ble Court below has totally failed to consider that the
entire case of the prosecution was resting upon the statement of the
Complainant, her parents and interested witness so there was no chances of
tempering with the prosecution evidence in any manner whatsoever.
t.
Because
the Hon'ble Court below has totally failed to consider that the statement of the Complainant and her witnesses is yet to be testified and
verified at the time of cross examination of the witnesses.
u.
Because
the Hon'ble Court below has totally failed to consider that the Petitioner is a Govt. servant and working with ONGC so
there is no chances of fleeing from justice and withholding of bail by the Ld.
Court below has caused grave miscarriage
and failure of justice to the Petitioner
and the Petitioner is under the
fear of arrest and having the
apprehension and reason to believe that
the police officials may arrest the Petitioner
at any point of time.
v.
Because
the Hon'ble Court below has totally ignored the well established
judicial norms for granting the bail.
w.
Because the impugned order is otherwise
illegal and bad in law and is liable to be set aside while granting
anticipatory bail to the petitioner.
15.
That the petitioner has not filed earlier any
other similar special leave petition against the impugned order/judgment of the
Hon’ble High Court in this Hon’ble Court.
16.
That this petition has been filed bonafide
and it is otherwise in the interest of justice to grant special leave as prayed
for.
In the facts and circumstances of the
case and in the interest of justice, it is most respectfully prayed that your
Lordships may graciously be pleased to:-
a)
Grant special
leave to appeal against the judgment and final order dated 25.9.2013 in
S.B. Criminal Misc. Bail Application No. ……………….. of 2013 passed by the Hon’ble
High Court of Judicature for Rajasthan at Jodhpur; and
b)
May pass such further order (s) as this
Hon’ble Court may deem fit and proper
in the facts and circumstances of this case.
AND FOR THIS THE
PETITIONER SHALL EVERY PRAY.
Dated
Filed by:
Advocate
for the petitioner
CRIMINAL APPELLATE JURISDICTION
SPECIAL LEAVE
PETITION (Crl.) No. of 2013
In
the matter of:
……………………….
PETITIONER
THE STATE OF RAJASTHAN RESPONDENT
AFFIDAVIT
I, ……………….
S/O SH. ……………., AGED ABOUT 58 years R/O …………………………………………,presently
at New Delhi, do hereby solemnly affirm and declare as under:
1.
That I
am the petitioner in the above noted
Special Leave Petition and am well
acquainted with the facts and circumstances of the case and am competent to swear
this affidavit.
2.
That the accompanying List of Dates from page B to , Special Leave Petition runs from page to which contains para 1 to
and Cr. M.Ps. run from page to and Annexures from page to have been drafted on my instructions and
facts stated therein are true to my knowledge derived from the records of
the case.
3.
That the contents of the
Special Leave Petition has been read
over to me in Hindi and I understood the same.
4.
That
annexures to the Special Leave
Petition are true copies
of their respective originals.
That nothing is false and no material
has been concealed therefrom.
VERIFICATION:
Verified at Delhi
on this ___ day of October,
2013 that the contents of the above
affidavit are true and correct to the
best of my knowledge and belief and nothing material has been concealed
therein.
CRIMINAL APPELLATE JURISDICTION
SPECIAL LEAVE
PETITION (Crl.) No. of 2013
In
the matter of:
……………………
PETITIONER
THE STATE OF RAJASTHAN RESPONDENT
Certified that the
Special Leave Petition is confined
only to the pleadings before the court whose order
is challenged and the document
relied upon in those proceedings. No
additional facts, documents or
ground have been taken or relied upon in
the Special Leave Petition. It is further
certified that the copies of the documents/annexures attached to the Special Leave Petition are necessary to answer
the questions of law raised in the petition or to make out grounds
urged in the special leave petition for the consideration of the Hon’ble Court. This certificate is given on the basis of the instructions
given by the petitioner authorized by the petitioner whose affidavit is filed
in support of the SLP.
New Delhi
Dated
Filed by:
Advocate
for the petitioner
CRIMINAL APPELLATE JURISDICTION
CRI. M.P. NO. OF 2013
IN
SPECIAL LEAVE
PETITION (Crl.) No. of 2013
In
the matter of:
……………………
PETITIONER
THE STATE OF RAJASTHAN RESPONDENT
To,
The
Hon’ble Chief Justice of India and his
Companion
Justices of the Supreme Court
of
India at New Delhi.
The
Humble application of the
above-named petitioner.
Most Respectfully Showeth as under:
1.
That the present petition has been filed
under Article 136 of the Constitution of India seeking Special Leave to appeal
arising against the judgment and final order dated 25.9.2013 in S.B. Criminal
Misc. Bail Application No. …………. of 2013 passed by the Hon’ble High Court of
Judicature for Rajasthan at Jodhpur, wherein the Hon’ble High Court dismissed
the anticipatory bail application of the petitioner.
2.
That the petitioner has set out the facts and
circumstances of the case in the
accompanying special leave petition
which is not repeated here for the sake of brevity. The petitioner crave
leave of this Hon’ble Court to refer to
and rely upon the same
for disposal of the present application.
3.
That the petitioner is ready and willing to
co-operate in the investigation and abide by terms and conditions as laid
down by this Hon'ble Court. There is not likelihood of jumping
out the bail or tempering with the witnesses.
4.
That
the petitioner has prime-facie strong case and will suffer irreparable loss and injuries
if the ad-interim ex-parte stay
of arrest is not being granted to the petitioner pending disposal of the present Special Leave Petition.
5.
That
this application is being made
bonafide and in the interest of justice.
In the facts and circumstances of the case and in
the interest of justice, it is most respectfully prayed that your Lordships may graciously be pleased to:-
a) grant
ex-parte ad-interim stay of arrest
pending disposal of the present Special Leave Petition
b) pass
such other order or orders as this Hon’ble Court may deem fit and proper in the facts
and circumstances of this case.
AND FOR THIS THE
PETITIONER SHALL EVERY PRAY.
New Delhi
Dated.
Filed by:
Advocate
for the petitioner
CRIMINAL APPELLATE JURISDICTION
CRI. M.P. NO. OF 2013
IN
SPECIAL LEAVE
PETITION (Crl.) No. of 2013
In
the matter of:
………………
PETITIONER
THE STATE OF RAJASTHAN RESPONDENT
In the
matter of: An application for
exemption from filing official English Translation.
To,
The
Hon’ble Chief Justice of India and His
Companion
Justices of the Supreme Court
Of
India at New Delhi.
The
Humble petition of the
above-named
petitioner.
Most Respectfully Showeth as under:
1.
That the present petition
has been filed under Article 136 of the Constitution of India seeking Special
Leave to appeal arising against the judgment and final order dated 25.9.2013 in
S.B. Criminal Misc. Bail Application No. ……………… of 2013 passed by the Hon’ble
High Court of Judicature for Rajasthan at Jodhpur, wherein the Hon’ble High
Court dismissed the anticipatory bail application of the petitioner.
2.
That the petitioner has set
out the facts and circumstances of the
case in the accompanying special leave petition which is not repeated here for the sake of brevity. The
petitioner crave leave of this Hon’ble
Court to refer to and rely
upon the same for disposal
of the present application.
3.
That in view of
urgency the petitioner have not
filed the official English translation
of the Annexure P-1 to P-3, and is filing
the true English translation of the same and crave leave of this Hon’ble
Court to refer to and rely
upon the same for disposal of the
present Special Leave Petition.
4.
That it would be in the
interest of justice that the
petitioner may be exempted to file
official English Translation of the above mentioned documents.
In the facts and circumstances of the case and in
the interest of justice, it is most respectfully prayed that your Lordships may graciously be pleased to:-
a)
Exempt
the petitioner from filing officials English translations of Annexure
P-1 to P-3 and may further be pleased to
refer to and rely upon the true
English translation of the same for disposal of the present special leave petition; and
b)
pass
such further order or orders as this Hon’ble Court may deem fir and proper in the facts
and circumstances of this case.
AND
FOR THIS THE PETITIONER SHALL EVERY
PRAY.
New Delhi
Dated.
Filed by:
Advocate
for the petitioner
IN THE SUPREME COURT
OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRI. M.P. NO. OF 2013
IN
SPECIAL LEAVE
PETITION (Crl.) No. of 2013
In
the matter of:
……………….. PETITIONER
THE STATE OF RAJASTHAN RESPONDENT
In the
matter of: An application under
order XLVII of Supreme Court for exemption from filing Certified copy of the Annexures.
To,
The
Hon’ble Chief Justice of India and His
Companion
Justices of the Supreme Court
Of
India at New Delhi.
The
Humble petition of the
above-named
petitioner.
Most Respectfully Showeth as under:
1.
That the present petition has been filed
under Article 136 of the Constitution of India seeking Special Leave to appeal
arising against the judgment and final order dated 25.9.2013 in S.B. Criminal
Misc. Bail Application No. ……………. of 2013 passed by the Hon’ble High Court of
Judicature for Rajasthan at Jodhpur, wherein the Hon’ble High Court dismissed
the anticipatory bail application of the petitioner.
2.
That the petitioner has set out the facts and
circumstances of the case in the
accompanying special leave petition
which is not repeated here for the sake of brevity. The petitioner crave
leave of this Hon’ble Court to
refer to and rely upon
the same for disposal of the present application.
3.
That in view of urgency
of the matter the petitioner has not filed the certified copy of the Annexures and is
filing the true typed copy of the same
and crave the leave of this
Hon'ble Court to refer to and rely upon the same for disposal of the present
Special Leave Petition.
4.
That
the petitioner has prime-facie strong
case and will suffer irreparable loss and injuries if he
is not exempted from filing the certified copy of the annexures and the true
typed copy of the same is not relied
upon for disposal of the Special Leave Petition.
In the facts and circumstances of
the case and in the interest of justice, it is most respectfully prayed that your Lordships may graciously be pleased to:-
a)
exempt the petitioner from filing the
certified copy of the Annexures;
b)
pass such further order or orders as this
Hon’ble Court may deem fit and proper in the facts and circumstances of this case.
AND
FOR THIS THE PETITIONER SHALL EVERY PRAY.
New Delhi
Dated.
Filed by:
Advocate
for the petitioner
BEFORE THE ADDITIONAL
DISTRICT SESSIONS JUDGE, NAGO,
CRIMINAL
MISC. BAIL APPLICATION No. 251/2013
PRESIDING
OFFICER:……………………, RHJS
……………………..
S/O
SH. …………………
R/O
……………………….. ..APPLICANT
VERSUS
THE
STATE OF RAJASTHAN ..NON APPLICANT
APPLICATION
U/S 438 Cr.P.C
PRESENT:
1. Sh. ……………., Advocate, applicant
2. Sh……………….., Advocate for
Complainant
3. …………………….., Addl. P.P. for the
State
Order Dated 5.7.2013
1.
Applicant had moved an application u/s 438
Cr.P.C. for seeking the anticipatory bail in FIR bearing No. xxxxx/2013 u/s
406/498-A IPC.
2.
According to the prosecution story, the
Complainant has filed a complaint under
the alleged section against accused person………….., …………., ………………..,………….., before the Subordinate Magistrate and the
Complainant in her complaint had stated that her marriage was solemnized with…………
on dd.mm.yyyy in which the father of the Complainant had given the dowry according to his
capacity but after the marriage, the
aforesaid accused persons had started causing harassment to the
Complainant on account of dowry demands
and have thrown out the Complainant on 11.7.2011 from the house. The complaint
u/s 156 (3) Cr.P.C. was sent to Women Police Station, Nagaur for the
purpose of investigation where
investigation was commenced by the woman police station Nagaur in FIR bearing
No. xxxxx/13 and the applicant having
the apprehension of arrest have presented the present application for
anticipatory bail.
3.
The Ld. Counsel for the applicant had given
the submission that they are innocent and they have been falsely transplanted
and they are ready and willing to give all kind of cooperation in joining the
investigation, therefore, application for anticipatory bail should be accepted.
4.
On the other hands, Ld. Additional Public
Prosecutor and the Complainant and the Ld. Counsel for the applicant had
given the submissions that the applicant is named accused in the FIR against which there is allegations of
harassment of dowry demands, therefore, bail application should be rejected.
5.
We have heard the arguments of both the
sides and given the thoughtful
consideration to the same and also perused the case diary and according to the
case diary it is revealed that the recovery is yet to be effected from the
applicant and the applicant is named
accused who is father-in-law of the Complainant, therefore, it cannot be stated
that he has been falsely implicated in the case, therefore, keeping in view the
entirety of the facts and circumstances of the case, application for
anticipatory bail is not deserves for acceptance.
ORDER
6.
Therefore, application for ………………… u/s 438
Cr.P.C. is hereby dismissed.
Sd/-
………………….,
Order
dated dd.mm.yyyy was dictated
in
the open court
(TRUE TRANSLATED
COPY)
S.B.
CRIMINAL MISC. BAIL APPLICATION No.xxxx/2013
Date
of order : 15.07.2013
Hon’ble
Ms. Justice …………………..,
Mr.
……………., counsel for the Petitioner
Mr…………………,
counsel for the State
Mr.
………………., Sr. Counsel with
Mr.
……………….., counsel for Complainant
Learned
counsel for the Complainant while
opposing the bail submitted that no
recovery has been affected till date and
all the dowry articles are still under
the custody of the Petitioner and his
family members.
The Petitioner is directed to appear before
the investigating officer on 22.7.2013.
The dowry articles as mentioned in the FIR will be handed over to the investigating officer, who
shall handover the same to the
Complainant. Thereafter, list of those articles which could not be received be placed before the court. The
Petitioner shall not be arrested till
next date of hearing.
Learned counsel for the Petitioner will also seek instruction with respect to
the final settlement of the dispute.
Put up on dd.mm.yyyy.
Sd/-
(……………..), J.
S.B. CRIMINAL MISC.
BAIL APPLICATION No.5136/2013
(NATHU
RAM VS. THE STATE OF RAJASTHAN)
DATE OF ORDER: 25.9.2013
HON’BLE
MR. ……………………,
Mr.
………………….., counsel for the Petitioner
Mr.
……………………, Public prosecutor
Mr……………………..,Sr.
Counsel assist by
Mr.
…………………….,
Mr.
……………………., for the Complainant
Heard
and considered the arguments advanced by learned counsel for the parties at the
bar, perused the order impugned as well as the case diary.
Learned
counsel for the Petitioner submits
that the Petitioner does not have
any articles of the Complainant.
Having
regard to the facts and
circumstances, of the case and
considering the fact that the recovery of the substantial stridhan i.e. the
dowry articles, documents as well as the cash and jewellery of the
Complainant which are alleged to have
been illegally retained, is yet to be made, this court is not inclined to accept this pre-arrest bail application
filed on behalf of the Petitioner.
Accordingly,
this bail application is rejected.
Sd/-
(………………..) J.
