Honble SHARMA, J.—This is art application for cancellation of bail under Sec 439(2) Cr. P. C, which bail was granted by Shri R.K. Chachan, Addl. Sessions Judge, Jaipur City, Jaipur in Cr. Misc. Bail Application No. 473/89, under his order dated 17.05.1989. The said bail application was granted in a case under Sec. 306 and 498A IPC, a charge-sheet having been filed after investigation by the police.

2. Before I take up the facts of the case, it may be stated that cancellation of bail has been sought on two grounds, firstly, this Court (Honble Kapur J.) in an application for bail made on behalf of the accused-non-petitioner under Sec. 439 Cr P.C. had declined bail to the accused-non-petitioner in S. B. Cr. Misc. Bail Application No. 1314/1989. Aran Kumar V. State on April 13, 1989 and secondly the grant of bail to the accused-non-petitioner who is the husband of deceased Anjana, was not in accordance with law and was illegal.

3. First the facts, which are these. Marriage of Anjana took place in accordance with Hindu rites on July 10,1988 with the accused-non-petitioner Arun Kumar son of Shri Kanchanlal, resident of Shastri Nagar, Jaipur. It appears that the relations between the deceased Anjana and Arun Kumar were not cordial for one reason or the other, and a few days before the date of her death, she had gone to the house of her parents and it was on February 17,1989 at about 9 p.m. that the accused-non-petitioner Arun Kumar along with others had gone to the house of the parents of deceased Anjana and demanded about Rs. 8,000/- to Rs. 10,000/- from them stating that the said amount was required for running his business. Earlier demands are also said to have been made by the accused, but on February 17, 1989, it is alleged that the parents of Anjana gave out that it was not possible for them to give money. Promissing good behaviour with Anjana, they took Anjana to the house of the accused-non-petitioner on February 17, 1989 i. e. day earlier Anjana committed suicide. A report of the incident was lodged by Kanchanlal, father of the accused on February 18,1989 wherein it was stated that the door was bolted from inside and on being called when there was no response from Anjana it was seen by peeping from the windows that Anjana was hanging. Kanchanlal informed the father of the deceased Anjana and proceedings under Sec. 174 Cr. P. C. were conducted and thereafter a report was lodged by Padam Chand, brother of the deceased Anjana to Dy. Superintendent of Police Bani Park, Jaipur on February 21,1989 and a case was registered and investigation was set in motion.

4. On conducting the autopsy on the dead-body of Anjana on February 19,1989, it was found that the injury was 24 hours duration before the said examination and it was also found that there was legature marks on her neck. It was also found that there was one superficial mark on the neck of the deceased between la-rings and chain and directly oblique upwards. The ligature material has not been sent to doctor for examination and the doctor was of the opinion that Anjana of affixia due to hanging ante mortem. The Police filed charge-sheet under Sec. 498A and Sec. 306 IPC.

5. Before the aforesaid charge-sheet was filed an application under Sec 439 Cr. P. C. was filed by the accused-non-petitioner seeking bail in this Court and this Court as aforesaid under its order dated April 13, 1989 dismissed the said application. Proceedings under Sec. 174 Cr.P.C. were conducted by the Executive Magistrate. The Court observed that-

"But considering the matter as a whole it can be said that so long as the investigation is pending it is not considered appropriate to release this petitioner on bail".

6. As already stated, charge-sheet was filed on April 26,1989. It is the practice of this Court that once an application for bail is dismissed by a Bench and another application for bail is again filed, it has to be listed and decided by the same Judge who had already dismissed the bail application of tha

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