The cancellation of bail under Section 439(2) Cr.P.C. is permissible only on specific grounds and supervening circumstances, considering the distinction between offences and the need to maintain public faith in the administration of justice.

Rajendra Saxena, J.-Petitioner Deepak Kumar Goyal aggrieved by the order dated 14.1995 passed by the learned Sessions Judge, Sri Ganganagar cancelling his bail under Section 439 (2) Cr.P.C and directing him to surrender himself before the learned A.C.J.M. on 18.4.1995 and further directing the said Magistrate to send him to the judicial custody, has preferred this petition under Section 482 Cr.P.C. bearing S.B. Cr. Misc. Application No. 202/95 and anticipatory bail application Under Section 438 Cr.P.C. bearing S.B. Cr. Misc. Bail Application No. 699/95.

2. Sinceboth these petitions emanate from the impugned order, those are being disposed off by a common order.

3. Now briefly the skeletal facts. Deceased Saroj Bala was married on 7.5.1994 to the petitioner and she died on the night intervening 1st and 2nd December, 1995 at petitioner’s house in abnormal circumstances. Initially, an enquiry Under Section 176 Cr.P.C. was conducted by the City Magistrate, Sri Ganganagar. The Medical Board consisting of three doctors conducted the post mortem examination of the deceased and found black points at nostrils and upper lip and one abrasion 1-1/5” x 1/4” x 1/5” on the right side of mandible. On dissection, the Board found that her membranes, brain and spinal cord, pleurae, larynx and tracheae, both the lungs, liver, spleen & kidneys were congested while other visceras were healthy. There was semi-digested material alongwith foul smell and gases were present in the stomach. The contents of the stomach and visceras of lungs, liver, brain, kidney and spleen of the deceased were sealed in two jars and those were sent to the State Forensic Science Laboratory, Rajasthan, Jaipur for chemical examination. The Medical Board reserved. its opinion regarding the cause of death till the receipt of the chemical examination report of the visceras and histopathological report of heart. On the report of deceased’s father Ramniwas, a case was registered at Police Station Kotwali, Ganganagar for the offences Under Sections 498-A and 304-B I.P.C. against the petitioner, his parents and sister. It was alleged that the petitioner and other co-accused persons used to maltreat and harass the deceased and make repeated demands for giving a scooter. Initially, from the investigation, offence Under Section 498-A I.P.C. only was made out against the petitioner and the then learned Sessions Judge vide his order dated 2 12.1994 granted bail to the petitioner Under Section 439 Cr.P.C. for the offence Under Section 498-A I.P.C. with the specific stipulation that if from the further investigation of the case, it was found that the offence Under Section 304-B I.P.C. was made out, then the 1.0. shall be at liberty to arrest the petitioner for the said offence by filing an application before the Court. The Asstt. Director, State F.S.L. by his report dated 3 1.1995 opined that the contents of the stomach, pieces of small intestines, liver, spleen, kidney, lungs and brain of the deceased gave positive tests for the presence of organophosphorous insecticide (moncrotophos). The Pathologist in his report dated 12.1995 opined that for the heart, coronories and aorta, no specific pathology was seen. The Medical Board after perusing those reports opined that the cause of death of the deceased was due to the consumption of monocrotophos. Thus, the death of Smt. Saroj was not natural but had occurred in abnormal circumstances within a few months of her marriage with the petitioner. Accordingly, the offence Under Section 304-B I.P.C. was added against the petitioner. Thereafter, an application Under Section 439(2) Cr.P.C. for cancellation of the bail of the petitioner was filed by the State, which was allowed and the petitioner’s bail was cancelled and he was directed to surender before the A.C.J.M. The petitioner instead of surrendering before the learned Magistrate has also filed his anticipatory bail petition under Section 438 Cr.P.C. in this Court.

4. I have heard learn