Rajkumar Sapre v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRCA No. 460 of 2017 • Smt. Shanti Devi W/o Lakhan Lal Sapre, Aged About 36 Years, R/o Village Purana Mannadol (Near Aanganbadi) Tifra, Outpost Tifra, Police Station Sirgitti, District Bilaspur, Chhattisgarh. • Lakhan Lal Sapre S/o Late Jhumuk Lal Sapre, Aged About 42 Years R/o Village Purana Mannadol (Near Aanganbadi) Tifra, Outpost Tifra, Police Station Sirgitti, District Bilaspur, Chhattisgarh. ---- Applicants

Versus

• State Of Chhattisgarh Through Station House Officer, Police Of Police Station Sirgitti, District Bilaspur, Chhattisgarh. And MCRCA No. 755 of 2017 • Rajkumar Sapre S/o Shri Bharat Lal Sapre, Aged About 36 Years, R/o Near Ramfal Grocery Shop, Old Mannadole, Tifra, Police Chowki Tifra, P. S. Sirgitti, Bilaspur, District Bilaspur, Chhattisgarh. ---- Applicant

Versus

• State Of Chhattisgarh Through Station House Officer, P. S. Sirgitti, Bilaspur, District Bilaspur, Chhattisgarh.

---- Non-applicant For applicant(s) :

Shri U.K.S. Chandel, Advocate (in MCRCA No.460/2017).

Shri Sudeep Verma, Advocate (in MCRCA No.755/2017) For Non-applicant/State :

Shri Vinod Tekam, Panel Lawyer.

Hon'ble Shri Justice Chandra Bhushan Bajpai Order On Board 21.09.2017

1. As MCRC No.460/2017 and MCRCA No.755/2017 arise out of the same crime number and the incident, both are being disposed of by this common order.

2. Learned counsel representing the applicant in MCRCA No.755/2017 would submit that though till date he has not filed his power, but as he has been instructed, he intends to argue the matter finally and he shall file his power to represent the applicant under Rule 261 of the High Court of Chhattisgarh Rules, 2007 during course of the day.

3. The Applicants have preferred these applications for grant of anticipatory bail as they apprehend their arrest in connection with Crime No.171/2017 registered at Police Station Sirgitti, District Bilaspur (C.G.) for offence under Section 498A read with Section 34 of the IPC.

4. Learned counsel for the applicants submit that the applicants are innocent and they are falsely implicated and as the concerned authorities have not complied with the guidelines given by the Hon'ble Apex Court in the case of Arnesh Kumar -v- State of Bihar, reported in 2014 (8) SCC 273 and also not complied with the direction of Hon'ble Apex Court issued in the matter of Rajesh Sharma and ors -v- State of UP and another passed in Criminal Appeal No. 1265/2017 arising out of the Special Leave Petition (Criminal) No. 2013/2017 vide judgment dated 27-7-2017 which is operative and binding. Hence the applicants may be given protection till compliance of the directions given by the Hon'ble Apex Court. Learned Counsel placed reliance in para 19 of Rajesh Sharma (supra) which is reproduced below:- "19.

Thus, after careful consideration of the whole issue, we consider it fit to give following directions :- (i) (a) In every district one or more Family Welfare Committees be constituted by the District Legal Services Authorities preferably comprising of three members. The constitution and working of such committees may be reviewed from time to time and at least once in a year by the District and sessions Judge of the district who is also the Chairman of the District Legal Services Authority.

(b) The Committees may be constituted out of para legal volunteers/social workers/retired persons/wives of working officers/ other citizens who may be found suitable and willing.

(c) The Committee members will not be called as witnesses.

(d) Every complaint under Section 498A received by the police or the Magistrate be referred to and looked into by such committee. Such committee may have interaction with the parties personally or by means of telephone or any other mode of communication including electronic communication.

(e) Report of such committee be given to the Authority by whom the complaint is referred to it latest within one month from the date of receipt of complaint.

(f) The committee may give its brief report about the factual aspects and its opinion in the matter.

(g) Till report of the committee is received, no arrest should normally be effected.

(h) The report may be then considered by the Investigating Officer or the Magistrate on its own merit.

(i) Members of the committee may be given such basic minimum training as may be considered necessary by the Legal Services Authority from time to time.

(j) The members of the committee may be given such honorarium as may be considered viable. (k) It will be open to the District and Sessions Judge to utilize the cost fund wherever considered necessary and proper.

(ii) Complaints under Section 498-A and other connected offences may be investigated only by a designated Investigating Officer of the area. Such designations may be made within one month from today. Such designated officer may be required to undergo training for such duration (not less than one week) as may be considered appropriate. The training may be completed within four months from today.

iii) In cases where a settlement is reached, it will be open to the District and Sessions Judge or any other

senior judicial officer nominated by him in the district to dispose of the proceedings including closing of the criminal case if dispute primarily relates to matrimonial discord;

iv) If a bail application is filed with at least one clear day's notice to the Public Prosecutor/complainant, the same may be decided as far as possible on the same day. Recovery of disputed dowry items may not by itself be a ground for denial of bail if maintenance or other rights of wife / minor children can otherwise be protected. Needless to say that in dealing with bail matters, individual roles, prima facie truth of the allegations, requirement of further arrest/custody and interest of justice must be carefully weighed;

v) In respect of persons ordinarily residing out of India impounding of passports or issuance of Red Corner Notice should not be a routine;

vi) It will be open to the District Judge or a designated senior judicial officer nominated by the District Judge to club all connected cases between the parties arising out of matrimonial disputes so that a holistic view is taken by the Court to whom all such cases are entrusted; and vii)Personal appearance of all family members and particularly outstation members may not be required and the trial Court ought to grant exemption from personal appearance or permit appearance by video conferencing without adversely affecting progress of the trial.

viii)These direction will not apply to the offences involving tangible physical injuries or death.

5. In reply learned State counsel would submit that there is no material surfaced in the copy of the case diary regarding compliance of the directions given by the concerned authority.

6. On due consideration, instant MCRCA is disposed of. The concerned authorities are directed not to arrest the applicants unless and until the

directions given by Hon'ble Apex Court in para 19 mentioned above are complied with along with entire provisions of law and reiterated by the Hon'ble Apex Court in the matter of Arnesh Kumar -v- State of Bihar. Both the MCRCA are disposed of accordingly.

7. Certified copy as per rules.

Sd/- (Chandra Bhushan Bajpai) Judge Aadil