ORDER M.V. Tamaskar, J. 1. The present case was heard along with 57 other cases and this order shall govern the disposal of all the said cases. 2. "Bail or Jail" was the theme given by Mr. Justice Krishna Iyer in State of Rajasthan v. Balchand AIR 1977 SC 2447 . Grant of bail was held to be a rule and rejection an exception. Yet, it is still true that the accused are thrown back in the society making it insecure as well as shaking the confidence of the public at large towards the administration and dispensation of justice. Law Courts are not mere mechanical, computerised, systems or institutions, immune of the need to restore confidence in the institution. The need to have a realistic approach has been pointed out by the Supreme Court in respect of offences relating to women which are on increase even after drastic amendments in the law by providing special provisions for deterrent punishment. This is an area where precise scales or evaluation of standards are not available. 3. Jack Gibba in "Crime, Punishment and Deterrence" stated-"Any legal theory of behaviour must assume that people by and large do not want to be punished and will act so as to avoid fines, jail, whipping or electric chair. That means a threat of real punishment will deter." 4. The classical school of criminology was based on hedonistic psychology. Man governs his behaviour by considerations of pleasure and pain. John Spenser said (White Collar Crime), "Algebric sum of pleasure and pain must be balanced." Undoubtedly, there is a cross cultural conflict, where living law must find answers to new challenges and Courts are required to evolve new heads of public policy. Viscount Simonds highlighted the imperatives and identified new heads of public policy in what is known as the Lady's Directory Case (1961) 2 All ER 446. It has been said E.A. Ross in "Social Control"- If one rascal out of twenty men might agress at will, the higher forms of control would break down. Man after man would be detached from the honest majority. This deadly contagion of lawlessness would spread till social order lay in ruins. Law, therefore, is still the corner-stone of the edific of order. Butler, J. of the U. S. Supreme Court voiced his views in Nice v. Minnesota 283 U. S. 697 wherein it was observed. Man after man would be detached from the honest majority. This deadly contagion of lawlessness would spread till social order lay in ruins. Law, therefore, is still the corner-stone of the edific of order. Butler, J. of the U. S. Supreme Court voiced his views in Nice v. Minnesota 283 U. S. 697 wherein it was observed. Society could not long endure under such threats. If the Courts did not protect the injured, the injured parties would then resort to private vengeance. Some of the above observations may be found in Madhuri Mukund Chitnis v. Mukund Martand Chitnis 1992 Cri.L.J. 111. 5. It is rather unfortunate that in these matters 'women' as mother-in-law, sister-in-law and 'men' as father-in-law are by and large more responsible, even the mother-hood and fatherly affection gets completely lost for the lust and greed. Basically the amendments brought are with a view to make the law more rigid and the Courts are supposed to give efficacy to law by its just and reasonable approach, of course, within the framework of criminal jurisprudence, 6. The nature and shades of cruelty are also not static. Lord Denning, in (1966) 2 All ER 257 said : "the categories of cruelty are not closed." Each case may be different. The conduct of human beings are not generally similar. Among the human beings there is no limit to the kind of conduct which may constitute cruelty. New type of Cruelty may crop up in any case depending upon the human behaviour capacity or incapacity to tolerate the conduct complained of. Such is the wonderful realm of cruelty. When such cruelty becomes culpable, it takes a more serious turn. 7. The Dowry Prohibition Act, 1961 was enacted by Parliament. However, in spite of this enactment, the pernicious practice continued in some communities and amendments were suggested whereby the Dowry Prohibition (Amendment) Act, 1984 was enacted. Likewise, the new provisions like Sec. 304-B and Section 498-A were introduced in the Penal Code. Section 498-A reads as under : 498-A. 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. Section 498-A reads as under : 498-A. 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 to Section 498-A provides that for the purpose of the said Section, 'cruelty' means- any willful 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 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. It would also be helpful to quote the provisions of Section 304-B I.P.C.. The said Section reads as under :- 304-B. (1) Where the death of a woman is caused by any burns or bodily injury or occurs otherwise than under normal circumstances within seven years of her marriage and it Is shown that soon before her death she was subjected to cruelty or harassment by her husband or any relative of her husband for, or in connection with, any demand for dowry, such death shall be called 'dowry death' and such husband or relative shall be deemed to have caused her death. Explanation : For the purpose of this sub-section, 'dowry' shall MPJR (2) R 33 have the same meaning as in Section 2 of the Dowry Prohibition Act, 1961 (28 of 1961) (2) Whoever commits dowry death shall be punished with imprisonment for a term which shall not be less than seven years but which may extend to imprisonment for life. As pointed out by the Supreme Court in Shobha Rani v. Madhukar Reddi AIR 1988 SC 121 , a new dimention has been given to the concept of cruelty. The relevant observations of the Supreme Court in the said case are as under : A new dimention has been given to the concept of cruelty. Explanation to Section 498-A provides that any willful conduct which is of such a nature as is likely to drive a woman to commit suicide would constitute cruelty. The relevant observations of the Supreme Court in the said case are as under : A new dimention has been given to the concept of cruelty. Explanation to Section 498-A provides that any willful conduct which is of such a nature as is likely to drive a woman to commit suicide would constitute cruelty. Such willful conduct which is likely to cause grave injury or danger to life, limb Or health (whether mental or physical of the woman) would also amount to cruelty. 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 would also constitute cruelty. 8. In order to make the law more effective, the Parliament also added certain presumptions in the Evidence Act and Sections 113-A and 113-B came into existence vide Criminal Law Amendment Act, 1983 (Act No. 46 of 1983). 9. Bearing in mind the alarming increase in such offences, noticed during the course of hearing, silting in the Roster for Criminal (Single Bench), all such cases for grant of bail were directed to be listed, to be heard on 9th and 10th of July 1993. Incidentally, I also read the judgment of the Supreme Court reported in Kundula Bala Subrahmanyam v. State of A. P. (1993) 2 SCC 684 wherein the Supreme Court very emphatically emphasised that though the Dowry Prohibition Act was enacted in 1961 and has been amended from time to time, this piece of social legislation, keeping in view the growing menace of the social evil, also does not appear to have served such purpose as dowry seekers are hardly brought to book and convictions recorded are rather few. Laws are not enough to combat the evil. It was also stated that the role of Courts under the circumstances, assumes greater importance and it is expected that the Courts would deal with such cases in a more realistic manner and not allow the criminals to escape on account of procedural technicalities or insignificant lacunae in the evidence as otherwise the criminals would receive encouragement and the victims of crime would be totally discouraged by the crime going unpunished. The Courts are expected to be sensitive in cases involving crime against women. The Courts are expected to be sensitive in cases involving crime against women. Having gone through the judgment of the Supreme Court, and the observations referred to above, I felt that these cases which have come before this Court, even at the stage of grant of bail, deserves to be dealt with more sensitively. The Gujrat High Court in Khimiben v. State of Gujrat 1992 Cri. L. J. 1994, was dealing with a matter under Sec. 498-A, considering the extent of the menace in the country as reflected in various reports. I may refer to paras 11 and 11.1 (at page 2000 and 2001) which read as follows : While parting, taking into consideration the curse of atrocities on woman and resultant dowry deaths in the State vis-a vis, the stark apatyshown firstly by the police in not apprehending the accused; secondly by the Court in releasing the accused on anticipatory bail despite the investigation being in progress; and thirdly by the State for not moving at all for the cancellation of the bail, this Court feels that it would be simply failing in its duties if some useful observations and suggestions are not made in the overall public interest, which may usefully enlighten the police, Court and the Stale Government while dealing with such matters in future. The duties of the police and the Court to exercise extreme vigilance and circumspection in the matter of arrest and release of accused on bail:-It is a matter of serious concern for anybody when one finds the investigating agency and some times the Court of law also being criticised in remaining relaxed and not appreciating the seriousness and magnitude of the problems of atrocities on women when the accused are not immediately apprehended or lightly released on anticipatory bail. In cases of bride burning and dowry deaths, etc. the investigating agency as well as the Courts deciding the bail applications, cannot afford to be insensitive and idollent to alarmingly increase stunning rate of bride burning, dowry deaths, etc. which has virtually made the social consciousness restless dump founded. Any day you just open the news paper and hardly one comes across a single day when no such news regarding the atrocities on women, dowry death etc. etc. are not reported. In this regard, Mr. A. D. Shah and Mr. which has virtually made the social consciousness restless dump founded. Any day you just open the news paper and hardly one comes across a single day when no such news regarding the atrocities on women, dowry death etc. etc. are not reported. In this regard, Mr. A. D. Shah and Mr. Chapaneri, the learned A. P. P. have placed before this Court an issue of 'Illustrated Weekly of India' dated 3rd August, 1991, wherein the learned author Shri Gautam Mehta has vividly picturised the burning problem of the atrocities on women by setting forth the statistics for the year 1989, 1990 and upto 31st July 1991 in this informative article under the title 'Trial by Fire'. Both the learned Advocates with the permission of the Court have drawn the attention to the relevant paragraph of the said article, which, with the due courtesy of the esteemed magazine, for the benefit of all, are reproduced as under. In pungently prefaced introductory note of the said article, it is observed-"Gujrat, the State which gave to the world the apostle of Ahimsa, is today notorious for the highest number of dowry-related deaths in the country of women either killed or committing suicide to avoid harassment. With a woman dying of burns every hour. Gujrat is ahead of Uttar Pradesh and Madhya Pradesh in the dowry death stakes. This Abhorrent social evil is not only allowed to continue, but allegedly even encouraged with the connivance of corrupt officials and doctors and this, despite the State's recent efforts to control it. (A report from Gujrat). The Court had also given the number of women die of burns in the State daily-i. e. 24. 10. I went through the records of 58 cases listed for hearing under various Sections i. e. 306, 304B and 498A I.P.C. The institution of bail matters at Indore and Gwalior Benches from January 1993 to 9-7-1993 is as under : Total number of bail matters instituted under Sees. 306, 304-B & 498-A IPC at- (1) Indore Bench - 110 (2) Gwalior Bench - 19 Total : - 129 cases The total number of bail matters instituted at the main seat at Jabalpur is 279: Thus, the number of bail applications relating to offences u/ss. 306, 304-B & 498-A IPC at- (1) Indore Bench - 110 (2) Gwalior Bench - 19 Total : - 129 cases The total number of bail matters instituted at the main seat at Jabalpur is 279: Thus, the number of bail applications relating to offences u/ss. 306, 304-B and 498-A IPC instituted from January 1993 to 6th July 1993 is as under : (1) Jabalpur - 279 (2) Indore - 110 (3) Gwalior - 19 Total : - 408 cases 11. The above data, as compared with other States particularly Gujrat as would be found in Khimiben's case (supra), is equally alarming and needs one to reflect whether anything can be done through the Law Courts in this direction. 12. If there is a system of law, there are bound to be law-breakers. But question is not that the crimes were committed, are being committed and will be committed. The point is any need to have a new look and approach to the problem. New look only means some stricter approach to the already existing criminal jurisprudence, more particularly in the matter of offences relating to women. As pointed out by Lord Denning in Sheldon v. Sheldon (supra), cruelty takes different shapes in different time and the categories of cruelty are not closed. This is not going to be a seasonal crop which can be curbed by immediate slot, but its growing menace in the alarming proportions and forms of cruelty despite the legislations made for deterrence, makes the process of legal jurisprudence shape it more realistic. 13. The three Sections which are primarily involved for consideration are Secs. 306, 304B and 498A of the Indian Penal Code as also the presumptions provided under Secs. 113A and 113B of the Evidence Act which have been enacted by way of amendment. Apparently, no amendments have been brought in the Code of Criminal Procedure providing for any other procedure than the One under Sections 436 to 439 for grant of bail. 14. May I ask one question-Whether the amendment of Section 376 I.P.C. providing for minimum punishment in respect of offences against minor children cannot be said to be a pointer to take into consideration the atrocities and cruelty perpetrated against woman ? The women, tortured and harassed, mode to end their lives are more tormented than any one else. Should the Courts be moot spectators ? The women, tortured and harassed, mode to end their lives are more tormented than any one else. Should the Courts be moot spectators ? May be, this is a social problem and some activism is necessary to teach lesson in human behaviour. But to my mind, the process is lengthy and the social strata has intermixed the evil in it so much that many tons of water from Ganges would be necessary to clean it. The social reformist can only make an atmosphere, given proper climate and support. Basically, lust for gain is a baser instinct which differs in quality from person to person. May be, some day there may be an ideal society but the present situation requires some new look which will be commensurate with the challenge posed. 15. The Bombay High Court Judgment referred to earlier (1992 Cri.L.J. 111) speaks that 498-A IPC requires a deterrent punishment and it is a serious offence. In para 10 it has been stated thus : We are concerned with a charge under Sec. 498-A of the Indian Penal Code. This Section was newly introduced in the Code for purposes of punishing the husband or relatives of the husband who subjected a wife to cruelty. The term 'cruelty' has been defined as any willful conduct which is of such a nature as to drive a wife to suicide or to cause grave injury or danger to life, limb or health (whether mental or physical) of the woman and also includes cases of harassment. Though the amendment to the Code is of recent origin, by virtue of Sec. 113-A of the Evidence Act. it also takes into account acts committed prior to December 25, 1983 when the amendment took place, if the incident relates to an earlier period of seven years during which the marriage was subsisting. Tated, J., in the decision reported in (1989) 1 Crimes 498 (Criminal Writ Petition No. 613 of 1986) between these same parties, had observed that, prima facie the making of false allegations for purposes of harassing a wife through criminal proceedings would constitute an offence under Sec. 498-A of the Indian Penal Code. Though the conviction in the present case is not seriously in dispute, the point that engages our attention is another dimension of Sec. 498-A, namely, the complaint of Mrs. Though the conviction in the present case is not seriously in dispute, the point that engages our attention is another dimension of Sec. 498-A, namely, the complaint of Mrs. Chitnis that she was subjected to a series of malicious and vexatious litigations in which extremely hurtful and offensive accusations were levelled against her out of a sense of vindictiveness and wherein she was humiliated and tortured through the execution of search warrants and seizure of personal property. It is her submission that these facts make Out a clear case of cruelty and harassment which are punishable under Section 498-A of the Indian Penal Code; though these acts are far removed from the more traditional forms of cruelty and the more common ones that are the subject matter of matrimonial proceedings. This submission of Mrs. Chitnis will have to be upheld in so far as the present record, undoubtedly, indicates that the charges made against the present petitioner by the husband and the criminal proceedings instituted by him and the vigour with which these were repeated and carried on, constituted cruelty of an intense degree. It is the horrifying number of atrocities committed in the name of dowry and unfortunate number of wife-burning incidents that brought Sec. 498-A of the Indian Penal Code on the statute book. The Section, however, is specifically worded in order to encompass even this class of cruelty committed through the litigative process. The view taken by the Bompay & Gujrat High Courts is correct to the extent that a strict view of the matter should be taken, but since the punishment provided does not appear to be stringent, the refusal of bail in such cases would be unjust. 16. Section 498-A : Section 498-A I.P.C. has already been quoted above. The sentence provided under the said Section is three years' imprisonment and also that of fine. The case is triable by the Judicial Magistrate First Class. Thus, ordinarily in all such cases where under the Code such offences are committed bail is granted. Mechanical rejection of applications would be unjust. There may be circumstances and circumstances which make the applicability of test laid down while considering the cases under Secs. 304-B I.P.C. applicable. Yet, general principles laid down for grant of bail have to be applied. No hard and fast rule can be laid down. 17. Mechanical rejection of applications would be unjust. There may be circumstances and circumstances which make the applicability of test laid down while considering the cases under Secs. 304-B I.P.C. applicable. Yet, general principles laid down for grant of bail have to be applied. No hard and fast rule can be laid down. 17. Thus, keeping in view the factual and legal position as explained above, I hold that in all such cases where the offence registered against the applicant/accused is only under Sec. 498-A, they will be entitled for bail. Rejection of bail being an exception in extra-Ordinary form of cruelty. 18. Sections 384-B and 306 IPC. and presumptions under Secs. 113-A and 113-B of the Evidence Act: Section 304-B I.P.C. has already been quoted above. However, it would be useful to quote Section 306 I.P.C. and Sections 113-A and 113-B of the Evidence Act. Section 306 IPC reads as under : 306. If any person commits suicide, whoever abets the commission of such suicide, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine. Section 113 A of the Evidence Act reads as follows: 113-A. When the question is whether the commission of suicide by a woman had been abetted by her husband or any relative of her husband and it is shown that she had committed suicide within a period of seven years from the date of her marriage and that her husband or such relative of her husband had subjected her to cruelty, the Court may presume; having regard to all the other circumstances of the case, that such suicide had been abetted by her husband or by such relative of her husband. Explanation : For the purpose of this Section, 'cruelty' shall have the same meaning as in Section 498-A of the Indian Penal Code. (45 of 1860) Section 113-B of the Evidence Act is in the following terms : 113-B. When the question is whether a person has committed the dowry death of a woman and is shown that soon before her death such woman had been subjected by such person to cruelty or harassment for, or in connection with, any demand for dowry, the Court shall presume that such person had caused the dowry death. 19. 19. Whether the grant of anticipatory bail should be only in exceptional cases under the Section ? If so, what may be exceptional cases for such purpose ? To illustrate, exceptional cases are such as deliberate false involvement, which should be apparent and not required to be established by elaborate examination of circumstances and evidence or recording of statements during the enquiry, investigation. It should further be noted that in many cases applications are filed even before the investigation has started or just on the basis of information lodged in respect of the incident. Various cases coming before the Courts show a great apathy towards the immediate necessity to take up investigation. It depends upon the nature of the accused involved- if he is well-to-do and affluent, the investigating machinery is too slow or too fast, for reasons well known to them. Thus, the real picture that comes before the Courts have to be scrutinised with importing the experience and insight cultivated through years. 20. Some considerations that may be obvious at the time of grant of bail may be :- (1) Firstly-Whether in the circumstances of the case, the death taking place is natural, homicidal or in suspicious circumstances ? (2) Secondly-Whether there is primarily a reasonable reliable evidence, not to say beyond doubt, at the stage of grant of bail ? (3) Thirdly-It may be difficult to say at the stage that no incident happened, or that it was an accidental death or that the death did not take place in circumstances which are suspecious. In that event, examination of the defence by the accused cannot be elaborately done. 21. It is always said in a criminal trial that difficulty to obtain evidence and proof of the guilt should always enure to the benefit of the accused. But should the Courts not wait and watch, for grant of bail that there is evidence which is yet to be tested by cross-examination and cannot be discredited at the stage of grant of bail. Of course, apparently in-admissible evidence or no evidence at all to support the case have to be exceptions. Say for instance, non-mention of names in First Information Report, or in Dying Declarations or some such circumstances as absence of medical evidence may be some examples. Of course, apparently in-admissible evidence or no evidence at all to support the case have to be exceptions. Say for instance, non-mention of names in First Information Report, or in Dying Declarations or some such circumstances as absence of medical evidence may be some examples. But, here again, it will depend on the facts of each case-whether the person lodging report was independent or interested, or had no time to gather information, Or that the investigating officer/police officer did not record it honestly. All these factors have to be analysed at proper stages. What is required to be seen is- (1) nature of offence committed, (2) accused involved, (3) whether in all probabilities the facts stated are prima facie believable, (4) possibility of false involvement is ruled out and if not, whether the relationship of the person involved was so intimate and intricate that their absence cannot be inferred or believed. Yet, there may be cases and circumstances where the possibility of the accused being present can be filled out on the apparent circumstances such as he was living altogether separately or at other place than the place of occurrence or that he could show his absence by cogent prima facie evidence; (5) Many times, it is also said that the persons are named out of vengeance or anger on account of the incident and also some special relationship. May be that the mother-in-law was just a dummy & sister-in-law because of the relationship. It may be stated that the circumstances speak for themselves. 22. It is difficult to lay down detailed circumstances, but it is always illustrative based on experience and common knowledge. Yet, the ingenuity of investigating agency some times makes miracles-even an innocent may be roped in or an accused may be shielded. In (1993) 3 SCC 84 at Page 90, the following poem of poet James Jaffrey Roche ("The Net of Law") is quoted : The net of law is spread so wide, No sinner from its sweep may hide. Its meshes are so fine and strong, They take in every child of wrong. O Wondrous web of mistery ! Big fish alone escape from thee ! 23. Woman is pivot of the family and society as a whole. Uprooting of the pivot causes total collapse. In cases the accused are females, the whole family cripples, the children become helpless and destitutes. O Wondrous web of mistery ! Big fish alone escape from thee ! 23. Woman is pivot of the family and society as a whole. Uprooting of the pivot causes total collapse. In cases the accused are females, the whole family cripples, the children become helpless and destitutes. In such situations, when there is apparent false implications, the Courts cannot close their eyes and sit idle. 24. Without being verbose, looking to the enormity with which these crimes are being committed as reflected in the chart/table given in para 13 of this order and keeping in view the following note of caution given by the Supreme Court, I hold that anticipatory bail should not be granted in these cases during the course of investigation, as laid down by the Supreme Court in AIR 1987 SC 737 :- The widespread belief dowry deaths are even now treated with some casualness at all levels seems to be well grounded. The High Court has granted anticipatory bail in such a matter. We are of the opinion that the High Court should not have exercised its jurisdiction to release the accused on anticipatory bail in disregard of the magnitude and seriousness of the matter. The matter regarding the unnatural death of the daughter-in-law at the house of her father-in-law was still under investigation and the appropriate course to adopt was to allow the concerned Magistrate to deal with the same on the basis of the material before the Court at the point of time of their arrest in case they were arrested. It was neither prudent nor proper for the High Court to have granted anticipatory bail which order was very likely to occasion prejudice by its very nature and timing. We, therefore, consider it essential to sound a serious note of caution for further. The High Court is under no compulsion to exercise its jurisdiction to grant anticipatory bail in a matter of this nature. The casual approach to the problem is to be totally shunned and these cases are to be dealt with sensitively and common sense supported by objectivity and experience of life which the presiding officers have acquired. Anticipatory bail should be an exception, though not totally negatived, yet to be spairingly used, during investigation. The casual approach to the problem is to be totally shunned and these cases are to be dealt with sensitively and common sense supported by objectivity and experience of life which the presiding officers have acquired. Anticipatory bail should be an exception, though not totally negatived, yet to be spairingly used, during investigation. I am aware that the Supreme Court in Gurubaksh MPJR (2) R 34 Singh v. State of Punjab AIR 1980 SC 1632 , while considering the scope of Section 438 Cr.P.C. has said that no restriction for grant of anticipatory bail can be read in the Section. It is stated that the discretion has been entrusted to the Court of Sessions and High Court as their higher Courts manned by experienced persons, and discretion is always to be exercised judicially. It is also said the life throws up unforeseen possibilities and offers new challenges. It may emphasise, as stated by the Supreme Court, that judicial discretion has to be free enough to be able to take these possibilities in the stride to meet these challenges. In these matters, my attempt has been to meet the new challenges relating to the offences against woman in a more realistic and pragmatic manner in order that bail should be granted applying the already set principles, a bit rigidly and nothing more. 25. May I pause here for a moment and refllect, whether in all cases in which accused is acquitted is really not the person who has committed crime, for example, giving benefit of doubt ? Thus, when the case is examined for grant of bail, even if keeping in mind the principle for grant of bail, is it always possible to say that he is not the person who has committed crime or not committed crime ? Thus, the test to be applied should be that whether there is some evidence to connect him or her at the time of considering the application for bail. 26. Having elaborately dealt with the possibilities and probabilities, may I ask, 'whether at the time of grant of bail is it the test, that the accused is likely to be convicted on the basis of available material ?" Yet another instance at the time of framing of charge is the test of accused likely to be convicted or not. 26. Having elaborately dealt with the possibilities and probabilities, may I ask, 'whether at the time of grant of bail is it the test, that the accused is likely to be convicted on the basis of available material ?" Yet another instance at the time of framing of charge is the test of accused likely to be convicted or not. Thus, the consideration at the time when the bail is moved is not whether the evidence is truthful or whether there is a positive case for conviction, but it is only a prima facie case looking to the seriousness of the offence, possibility of the accused absconding or tampering with evidence and largely the public interest. 27. I have already quoted the Gujrat case on the point where it has been held that no anticipatory bail should be granted even in the case of Sec. 438 A. However, differing with the said view, I have laid down certain circumstances in which anticipatory bail may be granted but that has to be limited to only exceptional cases. 28. I would emphasis that in cases of crimes against women which are growing and for which the Parliament has thought it fit to make special law by enacting these provisions, if the accused, even at the stage of bail is released casually, people's confidence will be shaken. This may be a case of public interest at large which can be a consideration for refusal of bail. 29. The above discussion was in respect of grant of anticipatory bail. Now, I will consider the criteria/guidelines on the basis of which an accused should be released on bail when he is in custody, under Sec. 439 Cr.P.C. The provisions of Section 439 Cr. P. C. have somewhat different ramifications, such as-(1) investigation may be in progress, accused is required for investigation; (2) a fixed limitation is provided for filing of challan and consequences flowing from non-compliance are given u/s 167 Cr. P. C; (3) criteria for release in non-bailable offences are laid down right from AIR 1962 SC 253 to this date are well known which have been summarised above. Thus, to release an accused in these cases has wider social implications. 30. P. C; (3) criteria for release in non-bailable offences are laid down right from AIR 1962 SC 253 to this date are well known which have been summarised above. Thus, to release an accused in these cases has wider social implications. 30. Merely because the sentence provided under Section 304-2 I. P. C. is seven years (minimum), can't be said that the offences do not have that seriousness as mentioned in the Indian Penal Code which are punishable with life imprisonment or death ? To my mind, seriousness of the offence has no relationship with punishment. Yet, in these cases punishment is minimum, that is to say, where discretion is fattered by statutory provisions, its purpose cannot be achieved if a proper interpretation is not placed. The purpose of the Act which provides guideline for sentencing also provides clue to seriousness and gravitty of the crime. As stated by the Supreme Court in Kundula Bala subrahmanyam v. State A. P. 1993 (2) SCC 684 , the Court should deal the cases with more realistic manner and not allow the criminals to escape on account of procedural technicalities or insignificant lacunae in evidence, as otherwise, the criminals will receive encouragement by crime going unpunished. The Courts are expected to be sensitive in cases involving crime against women. Though these observations were made while considering a Special Leave Petition, reversing acquittal, yet they will be apt to apply at the stage of grant of bail for a limited purpose i. e. whether an accused involved in crime relating to women is one who should ordinarily be held to be committing a serious and grave crime. Say for instance, an accused committing rape on minor, here the accused perpetrates crime on women, a wife, or a daughter-in-law-should the same test of gravity of the crime not applied. 31. It was argued by Shri S. C. Datt, Shri Surendra Singh, Shri H. S. Chouhan, Shri Jagdish Tiwari, Shri Kochar and other lawyers that the legislature has not thought it fit to impose a restriction on grant of bail by making any amendment in the Code of Criminal Procedure and as such the Court should not restrict its view to interprete the provisions of Secs. 436 to 439 Cr. P. C. in such a way as to deprive the accused of his right to get bail. 436 to 439 Cr. P. C. in such a way as to deprive the accused of his right to get bail. On the other hand, Shri Dilip Naik and Shri Gangrade, learned counsel appearing for the State, vehemently argued that bail should not be granted in cases where crime against women is involved. True, the legislature has made amendments in the Penal Code and in the Evidence Act and not in Criminal Procedure Code, but the test to determine the grant of bail in cases of special nature could be laid down by the Court on the well established canons of law. The Law Courts do not remain static and are capable of giving guidance, interpretations and efficacy to the provisions. Thus viewed, the grant of bail in cases involving 'dowry-deaths' have to be very strictly scrutinised and casual approach shunned. 32. Before parting, I would just remind that the pre-trial detention should not be punitive as stated in A.I.R. 1978 SC 1095 i. e. an indirect process to unish the accused before trial. This principle is not to be lost sight of. 33. Lastly, it was pointed out by the counsel for the defence that in our State these offences are to be investigated by the Deputy Superintendent of Police. It is not known whether the Mahila Police Station has the direction and guidance of senior police officers. The impartial and fair investigation can save many persons. Honest approach to the problem and investigation adds to the reputation of the police force in general. It is for the higher authorities in the State to take suitable steps to improve the machinery for investigation. A great injustice is done by roping innocent persons, some times whole family. If real investigation does not disclose any offence against family members and only attempt to harass them is rather a criminal offence committed by investigating agency. A word of caution is, therefore, necessary for the investigating agency. I am sorry to express the need to have check and vigilance during the investigation has become total casualty in the State and it is for the higher authorities to streamline their investigating agency. 34. In the light of the above, I now proceed to consider and decide each of the applications separately. (Orders in individual cases omitted from reporting). 35. All the above mentioned cases are accordingly disposed of.