001 SC 1444 , 2001 (1 )ALD(Cri)647 , 2001 (42 ) ACC 903 , 2001 ALLMR(Cri)739 (SC), 2001 (1 )ALT(Cri)362 , 2001 (2 )BLJ(SC )498 , 2001 (2 )BLJR1531 , II (2001 )CCR69 (SC ), 2001 (2 )CGLJ149 , 2001 CriLJ1730 , 2001 (2 )Crimes87 (SC ), I (2001 )DMC669 SC , 2001 (1 )HLR678 (SC ), 2001 INSC 168 , JT2001 (4 )SC 116 , 2001 (2 )PLJR205 , 2001 (2 )RCR(Criminal)377 , 2001 (2 )SCALE572 , (2001 )4 SCC280 , [2001 ]2 SCR684 , 2001 (1 )UC627 , ,MANU/SC/0193/2001
K.T. Thomas#R.P. Sethi#21021SC3500Judgment/OrderACR#AIR#ALD(Cri)#Allahabad Criminal Cases#ALLMR(Cri)#ALT (Criminal)#BLJ#BLJR#CCR#CGLJ#CriLJ#Crimes#DMC#HLR#INSC#JT#MANU#PLJR#RCR (Criminal)#SCALE#SCC#SCR#UCR.P. Sethi,SUPREME COURT OF INDIA2013-12-20Whether Magistrate Empowered to Grant Bail in Cases Triable by Court of Sessions,Scope of Section 437 of Cr. PC,Law of Bail16125,16131,16344,16587,17458,16247,17483,17457,17456,17459 -->
MANU/SC/0193/2001
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IN THE SUPREME COURT OF INDIA
Appeal (crl.) 324 of 2001
Decided On: 23.03.2001
Appellants: Prahlad Singh Bhati Vs. Respondent: N.C.T. Delhi and Ors.
Hon'ble Judges/Coram:
K.T. Thomas and R.P. Sethi JUDGMENT
R.P. Sethi, J.
1. Leave granted.
2. Respondent No. 2, who is alleged to have murdered his wife and against whom FIR No. 566/92 was registered in the Police Station Lajpat Nagar under Section 302 of the Indian Penal Code, was released on bail by the Metropolitan Magistrate, New Delhi on 22nd August, 2000. The revision filed against the aforesaid order has been dismissed by a learned Single Judge of the High Court by passing a telegraphic order to the effect "having considered the case before me I am of the opinion no ground has been made for cancellation of bail". Not satisfied with the order of the Magistrate and that of the High Court, the father of the deceased has approached this Court in this appeal by special leave.
3. The deceased and the respondent No. 2 were married on 24.11.1984. She is alleged to have been subjected to ill-treatment on account of demand for dowry. Huge amounts are stated to have been paid by the appellant to the accused on various occasions. On 18.3.1999 the respondent No. 2 is alleged to have brought the deceased to her parental house on Scooter No. DL 9SC-0680 where he poured kerosene oil and burnt her alive in the presence of her parents. As no case was registered against the accused, the appellant approached higher authorities including the Prime Minister of India, Home Minister of India and Commissioner of Police, Delhi with the result that Deputy Commissioner of Police (South District) directed the registration of case under Sections 306 and 498A IPC. After registration of the case on 3.6.1999, the investigating officer recorded the statements of witnesses under Section 161 of the Code of Criminal Procedure. The accused-respondent moved an application for grant of anticipatory bail in terms of Section