CHANDRA KANTA Vs. STATE OF MP

JUDGEMENT

(1.) THIS is an application filed on behalf of the applicant for grant of anticipatory bail under section 438 of the Code of Criminal Procedure. Accused -applicant Smt. Chandra Kanta apprehends her arrest in connection with Crime No. 205/2000 registered at Police Station Khachrod, District Ujjain for the alleged charges under Sections 304B and 498A, IPC read with Section 3/4 of Dowry Prohibition Act.

(2.) THE submission of Shri Jaisingh is that the deceased was not residing in the in -law's house but was residing along with her father since January, 2000. She died in the house of her own father. The marriage took place on 7.5.1999. The further submission of Shri Jaisingh is that she was suffering from some ailment which was only known to her parents, and but it was not disclosed either to the husband or to other members of the in - law's family. Applicant is aged 65 years and is also a heart patient. There is no possibility of her absconding.

(3.) THE Supreme Court further held that - "we would, prefer to leave the High Court and the Court of Sessions to exercise their jurisdiction under Section 438 of the Cr.P.C. by a wise and careful use of their discretion which, by their long training and experience, they are ideally suited to do. The ends of justice will be better served by trusting these Courts to act objectively and in consonance with principles governing the grant of bail which are recognised over the years, than by divesting them of their discretion which the Legislature has conferred upon them, by laying down inflexible rules of general application".