The Supreme Court recently set aside an anticipatory bail condition prescribed by the Jharkhand High Court which required a husband (appellant) booked for cruelty under Section 498A of the Indian Penal Code (IPC) to pay ₹9 lakh to his estranged wife as ad-interim compensation [Rohit Jaiswal vs State of Jharkhand and anr].
A bench of Justices Sanjiv Khanna and SVN Bhatti said that the High Court was not justified in imposing such a condition on the appellant Rohit Jaiswal.
“We are of the opinion that the High Court was not justified in imposing the condition that the appellant – Rohit Jaiswal should deposit ₹9,00,000 as ad interim victim compensation. The said condition is hereby deleted. We clarify that we have not interfered with the grant of anticipatory bail and other conditions as imposed,” the bench stated in its order passed on September 27.
The observations and order came while disposing of appeals filed by the husband against a Jharkhand High Court order from April last year.
The High Court while granting anticipatory bail to the appellant had directed him to deposit ₹9 lakh as ad-interim victim compensation.
The Supreme Court in its order noted that the husband had agreed to enhance the monthly maintenance payable to the wife from ₹4,000 to ₹10,000 per month after a suggestion was made in this regard by the Court.
“The maintenance amount is being enhanced in view of the statement made by the learned counsel appearing on behalf of the appellant to ₹10,000 per month. The appellant – Rohit Jaiswal will continue to make payment in terms of the statement. In case of default, respondent no.2/ informant will be entitled to take steps/recourse for execution before the trial court,” the Court directed.
The maintenance fixed on the statement of the appellant may be modified, enhanced or reduced by the trial court/ appellate court, the top court clarified.
Advocates Shreeyash U Lalit, Mahesh Kumar, Nikhilesh Kumar, Aman Preet Singh Rahi, Devika Khanna and VD Khanna briefed by VMZ Chambers appeared for the appellant.
Advocates Madhusmita Bora, Pawan Kishore Singh, Dipankar Singh, Anupama Sharma, Amar Jyoti Sharma and Vedika Dalmia represented the Jharkhand government.
Advocates MM Singh, Naveen Thakur and Rameshwar Prasad Goyal appeared for the informant-wife.
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