Supreme Court Grants Pre-arrest Bail to Practicing Lawyer in Dowry Case

In a recent judgement by the Supreme Court of India, a practicing lawyer has been granted the benefit of pre-arrest bail in a domestic case involving dowry articles and child custody. The bench, comprised of Hon’ble Mr. Justice Hrishikesh Roy and Hon’ble Mr. Justice Pankaj Mithal, heard the Special Leave Petition on September 13, 2023.

The Court observed that the “petitioner shall continue to render cooperation with the investigation of the case and shall not misuse the liberty granted by this Court.” This observation underlines the Court’s focus on ensuring that the liberty granted does not lead to obstruction in the ongoing investigation.

The petitioner was arrayed as an accused in FIR No. 19 of 2022, registered at the instance of his wife. The case had complexities involving not just dowry articles, which are yet to be returned, but also child custody. Two out of their three children (one adopted) are with the mother, and one is with the petitioner. These family circumstances were considered relevant by the Court in its decision to grant pre-arrest bail.

Regarding the dowry articles, the Court noted that the claims about them are contested. The respondent alleged that the articles were not returned, an assertion that the petitioner refuted.

As per the judgement, the petitioner has been granted pre-arrest bail on furnishing a bail bond of Rs. 50,000 to the satisfaction of the Arresting Officer. The Court emphasized that the petitioner must continue to cooperate with the case’s investigation.

The case saw representation from both sides with a list of advocates. The petitioner was represented by Mr. A. Venayagam Balan, AOR, among others, while the State of Punjab and the respondent were represented by Mr. Karan Sharma, AOR, and Mr. Rajeev Kumar Bansal, AOR, respectively.

This ruling adds to the jurisprudence on the complex and often sensitive issue of granting bail in domestic cases involving dowry and child custody, emphasizing the importance of cooperation with ongoing investigations.

Date of Decision: 13-09-2023

NAVEEN ARYA vs THE STATE OF PUNJAB & ANR.