Correcting few directions given in Rajesh Sharma judgment here, Hon’ble supreme court has issued this judgment.
From Para 35,
However, the directions pertaining to Red Corner Notice, clubbing of cases and postulating that recovery of disputed dowry items may not by itself be a ground for denial of bail would stand on a different footing. They are protective in nature and do not sound a discordant note with the Code. When an application for bail is entertained, proper conditions have to be imposed but recovery of disputed dowry items may not by itself be a ground while rejecting an application for grant of bail under Section 498-A IPC.
From Para 38,
Therefore, we think it appropriate to direct that the investigating officers be careful and be guided by the principles stated in Joginder Kumar (supra), D.K. Basu (supra), Lalita Kumari (supra) and Arnesh Kumar (supra). It will also be appropriate to direct the Director General of Police of each State to ensure that investigating officers who are in charge of investigation of cases of offences under Section 498-A IPC should be imparted rigorous training with regard to the principles stated by this Court relating to arrest.
So, in summary, the following are the currently active guidelines from SC modified from Rajesh Sharma, apart from Arnesh Kumar.
From Para 19 of Rajesh Sharma Judgment:
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. (On filing an application u/s 205 CrPC or 317 CrPC;Judgments here)
Social Action Forum for Manav Adhikar and another Vs Union of India on 14 September, 2018
Citations : [2018 SCC 10 443], [2019 SCC CRI 1 276], [2018 SCC ONLINE SC 1501], [2018 AIR SC 4273], [2018 DLT 252 175], [2018 CRIMES 3 503], [2018 GUJ LH 3 140]
Other Sources :
https://indiankanoon.org/doc/81618143/
https://www.casemine.com/judgement/in/5b9d5e5d9eff431109ed3e71
https://www.indianemployees.com/judgments/details/social-action-forum-for-manav-adhikar-and-another-versus-union-of-india-ministry-of-law-and
Source: https://www.livelaw.in/sec-498a-ipc-only-hc-can-quash-cases-on-settlement-a-third-agency-created-by-courts-cant-exercise-statutory-functionssc/
