The court emphasized that the discretion to grant bail under Section 439 of the Criminal Procedure Code must be exercised judicially and not arbitrarily or capriciously. The court also highlighted the importance of considering the prima facie evidence and the possibility of the accused absconding or influencing witnesses while deciding on bail.

1. 1. This is an application under Section 439 (2) of the Code of Criminal Procedure. 1973 (for short. Criminal Procedure Code) for cancellation of the bail granted to the accused. Ayub Khan and Chand Khan, by the learned Sessions Judge, Jaipur City, Jaipur, and for a further order that they be arrested and committed to custody. The case of the prosecution and the circumstances leading to the filing of this application may be stated as follows.

2. Mst. Khatoon, a young woman, 22 years of age, was found dead in her matrimonial home. No.3123. Topkhana Hazari Ramganj Jaipur on January 26, 1981, at about 2 P.M. Her husband Ayub Khan one of the co-accused-respondents, reported her death to the police at 7 P.M., alleging that she had committed suicide by hanging herself with a rope earlier that day between 12 Noon and 2 P.M. He went to the police station. Ramganj in Jaipur City 5= hours after the death of Khatoon carrying a pre-written report with him. The report says that when he returned home at about 2 P. M. he found that:-

"...... The door of my room was bolt ed from inside. I knocked at the door loudly and repeatedly asking Khatoon to open it. There was no response from inside. On hearing noise other members of our family, namely, my brother Chand, my brother's wife Rabia, and my mother Mst. Shakuran joined me in shouting and asking Khatoon to open the door. There was still no response from inside. Thereafter, I pushed the doors of the window with full force and succeeded in opening them. I looked through the window and saw Khatoon hanging by the neck with a rope tied to a hook in the ceiling. I entered the room and hugged the suspending body of my wife. Meanwhile, my brother Chand also entered the room through the window and opened the door for other members of the family to enter. All began to weep and cry. A little later, some residents of the mohalla reached there, cut the rope and released the dead body from the noose. Khatoon's parents were informed. They also reached there. A letter written in Khatoon's own hand has been recovered from her own pocket......"

3. Sub-Inspector Hanuman Singh went to the spot and started inquest proceedings around. 7-30 P.M. that very evening. The Station House Officer joined him a little later. They were busy in investigating into this case till 11-45 P.M. They left there around midnight leaving a police constable behind, to keep vigil for the night of the room where the dead body lay. S.I. Hanuman Singh returned to that room on January 27 morning. Among the articles recovered from the room later that morning is a two-stringed nylon rope. 6' in length, having knots on both ends. A hand written note alleged to have been found lying on the floor near a folding chair was also delivered to him that morning. The writing in the note which is in Devnagri script reads as under:-

Aap mujhe muaf karna. Aapki Sireef Khatoon na aulad. Bachcha paida karna. Translated into English, it purports to be the last wish of the deceased addressed to her husband as follows:-
Please forgive me, your unfortunate issue less Khatoon. Do beget a child.

4. Before the alleged discovery of this note on January 27, S.I. Hanuman Singh had recorded the statements of a number of members of the family of Ayub Khan including the latter on January 26, evening itself. Ayub Khan who was employed as a driver in Saudi Arabia since 1977 told him that he had come from there on annual leave for two months on January 1. 1981. and brought with him 400 U.S. dollars and 1236 Saudi Arabian rials which he had deposited in his own name in a local bank. He admitted having withdrawn from Khatoon's bank account a sum of Rs. 14,200 on January 18, 1981, explaining that he needed this money for construction of a verandah household expenses and for lending to certain relations. He reiterated the version as given in his report lodged earlier that evening making some modification which may be noticed here. Instead of 2 p.m. which was mentioned in t