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Nisha v. The State of Madhya Pradesh

Criminal Appeal · 2021 INSC 537Decided 24 Sept 2021
Criminal Appeal No. 1080 of 2021
Justice Uday Umesh Lalit · Justice S. Ravindra Bhat

Background

Nisha was named in an FIR alleging dowry death and cruelty (Sections 304-B, 498A and 34 of the IPC, and the Dowry Prohibition Act) following a woman's death. Apprehending arrest, she applied for anticipatory bail, which the Madhya Pradesh High Court rejected. She appealed to the Supreme Court, which had earlier granted her interim protection from arrest while the appeal was pending. By the time of the final hearing, the investigation was complete and a charge-sheet had been filed against the other accused, but not yet against Nisha because of the Supreme Court's interim order.

Decision Breakdown

Considering the overall circumstances, the Supreme Court held that Nisha was entitled to anticipatory bail. It set aside the High Court's order rejecting bail and directed that if she is arrested in connection with the case, she must be released on furnishing a cash security of Rs. 25,000 with two sureties of a similar amount, on condition that she fully cooperates with the investigation and does not misuse the liberty granted, failing which the bail could be cancelled.

Lesson Learnt

An appellate court can grant anticipatory bail even after an investigation is complete and other co-accused have been charge-sheeted, where it finds on the totality of circumstances that custodial interrogation is not warranted, but such bail always comes with conditions that can be revoked if violated.

Official source (sci.gov.in)View Judgment (PDF)

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