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Supreme Court of India · 11/11/2022

BHURI BAI versus THE STATE OF MADHYA PRADESH

[2022] 10 S.C.R. 190 · 2022 INSC 1325

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Summary

A 55-year-old mother-in-law was accused in a dowry death case. She surrendered ten months after the death and was then granted regular bail by the Sessions Court. The Madhya Pradesh High Court cancelled the bail of its own motion, because the bail order had not mentioned her long absence. The Supreme Court restored the bail. She had looked after the deceased's minor child while the rest of the family were in jail or untraced, and the pandemic also played a part, so she was not shown to be a fugitive. Cancellation under Section 439(2) CrPC needs cogent grounds, usually some supervening event. It is not a disciplinary measure for conduct before bail was granted.

Issues

  1. Whether the High Court was justified in cancelling, under Section 439(2) CrPC, regular bail granted to an accused in a dowry death case because the Sessions Court had not adverted to her long absence before surrender.

Provisions considered

Held

Result

Criminal Appeal No. 1972 of 2022 allowed; the Madhya Pradesh High Court's order dated 10.02.2022 in M.Cr.C. No. 46653 of 2021 set aside and the Sessions Court's bail order dated 05.08.2021 restored, without bearing on the merits.

Judgment PDF: Supreme Court of India, [2022] 10 S.C.R. 190.