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Hena Parween vs. State of Jharkhand & Ors.
2019 Latest Caselaw 744 SC

Citation : 2019 Latest Caselaw 744 SC
Judgement Date : Aug/2019

    
Headnote :
The Constitution of India, 1950, Article 136 outlines the conditions for granting anticipatory bail. The petitioner expressed concern over a condition that limits her mobile phone usage. When asked why she consented to this condition, it was argued that no actual consent was provided. The petitioner has been granted the freedom to approach the High Court, asserting that she did not agree to that specific part of the order. The Special Leave Petition (SLP) was dismissed.
 

Before :- Sanjay Kishan Kaul and K.M. Joseph, JJ.

Special Leave Petition (Criminal) Diary Nos. 26052 of 2019. D/d. 13.8.2019.

Hena Parween - Petitioners

Versus

State of Jharkhand & Ors. - Respondents

For the Petitioners :- Ganesh Khanna, Santosh Kumar - I, Advocates.

 

ORDER
Delay condoned.

2. On hearing learned counsel for the petitioner it is submitted that there are certain conditions imposed for grant of anticipatory bail to respondent No.2 before us which are unusual. On a reading of the conditions, it appears that the intent is to seclude both the petitioner and respondent No.2 (wife and husband) from interference in the matrimonial affairs by their respective parents. What is material is, it is a consent order which is so recorded.

3. Learned counsel for the petitioner seeks to submit before us that the petitioner has no difficulty in making an endeavour for reconciliation but appears to be perturbed by the condition No.3 restricting the time period of use of mobile phone by her.

4. On a query, as to why the petitioner gave her consent, it is sought to be submitted before us that no consent was actually given.

5. If the aforesaid be the position, we grant liberty to the petitioner to move the High Court, claiming that she had not consented to this portion of the order.

6. The Special Leave Petition is dismissed with the aforesaid liberty.

7. Pending application stands disposed of.

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