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1983 Supreme(Raj) 546

K.S.SIDHU
Imamuddin : Ayub Khan – Appellant
Versus
Ayub Khan – Respondent


For the Petitioner:A.K. Gupta. Advocate.
For the Non-Petitioners Nos. 1 and 2:J.K. Mathur. Jagdeep Dhankar. B.C. Jain and K.R. Rao, Advocates.
For the State: Rizwan Ali, Public Prosecutor.

JUDGMENT

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 insid






















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