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Supreme Court gives interim protection to man accused in case of cruelty, outraging modesty of wife

Madan Lal sought interference from the apex court to grant anticipatory bail by challenging order of the Rajasthan High Court's Jaipur Bench.

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The Supreme Court has granted interim protection from arrest to a teacher named accused in an FIR for offences under Sections 498A, 406, 323 and 354 of the Indian Penal Code. (MADAN LAL  Versus THE STATE OF RAJASTHAN). 

On Friday, the Bench of Justice Hemant Gupta and Justice Aniruddha Bose granted interim protection from arrest to Madan Lal, a teacher, charged with offences punishable under IPC 498A (Husband or relative of husband of a woman subjecting her to cruelty), IPC 354 (outraging the modesty of woman, voluntarily causing hurt and IPC 406 (criminal breach of trust) after hearing his plea of anticipatory bail. Advocate Abhishek Gupta for petitioner Madan Lal asked for the interim protection and the bench passed order in favour of Madan Lal that no coercive action shall be taken against him, and thus, issued notice to the state. 

Madan Lal sought interference from the apex court to grant anticipatory bail by challenging order of the Rajasthan High Court’s Jaipur Bench. He is a government teacher and is nearing retirement, so custody of the petitioner is unwarranted as submitted by counsel before High Court of Rajasthan.

The Public Prosecutor as well as the wife of Madan Lal opposed the bail application before the High Court by submitting that there is also an averment of outraging the modesty committed against her. The High Court observed that while rejecting bail application u/s 438 CRPC submits that in view of rejection of bail order, Madan Lal has criminal antecedents in one of the cases. 

Relevant Indian Penal Code provisions– 

Section 498A: Husband or relative of husband of a woman subjecting her to cruelty.—Whoever, being the husband or the relative of the husband of a woman, subjects such woman to cruelty shall be punished with imprisonment for a term which may extend to three years and shall also be liable to fine. Explanation.—For the purpose of this section, “cruelty” means—

(a) any wilful conduct which is of such a nature as is likely to drive the woman to commit suicide or to cause grave injury or danger to life, limb or health (whether mental or physical) of the woman; or

(b) harassment of the woman where such harassment is with a view to coercing her or any person related to her to meet any unlawful demand for any property or valuable security or is on account of failure by her or any person related to her to meet such demand.]

Read Also: Allahabad High Court upholds life imprisonment to man accused of unnatural sex and murder of minor girl

Section 323: Punishment for voluntarily causing hurt.—Whoever, except in the case provided for by section 334, voluntarily causes hurt, shall be punished with imprisonment of either description for a term which may extend to one year, or with fine which may extend to one thousand rupees, or with both.

Section 406: Punishment for criminal breach of trust.—Whoever commits criminal breach of trust shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.

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