Honble SAXENA, J. — Petitioner Deepak Kumar Goyal aggrieved by the order dated 14.4.95 passed by the learned Sessions Judge, Sri Ganganagar cancelling his bail under Sec. 439 (2) Cr.P.C. and directing him to surrender himself before the learned A.C.J.M. on 18.4.95 and further directing the said Magistrate to send him to the judicial custody, has preferred this petition under Sec. 482 Cr.P.C. bearing S.B. Cr. Misc. Application No. 202/95 and anticipatory bail application u/s. 438 Cr.P.C. bearing S.B. Cr. Misc. Bail Application No. 699/95.

(2). Since both 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 7.5.94 to the petitioner and she died on the night intervening 1st and 2nd Dec. 1995 at petitioners house in abnormal circumstances. Initially, an enquiry u/s. 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 along with 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 histopathologic report of heart. On the report of deceaseds father Ramniwas, a case was registered at Police Station Kotwali, Ganganagar for the offences u/ss. 498-A and 304-B IPC 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 u/s. 498-A IPC only was made but against the petitioner and the then learned Sessions Judge vide his order dated 21.12.94 granted bail to the petitioner u/s. 439 Cr.P.C. for the offence u/s. 498-A IPC with the specific stipulation that if from the further investigation of the case, it was found that the offence u/s. 304 B IPC was made out, then the I.O. 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 31.1.95 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 (monocrotophos). The Pathologist in his report dated 15.2.95 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 s not natural but had occurred in abnormal circumstances within a few months of her marriage with the petitioner. Accordingly, the offence u/s. 304-B IPC was added against the petitioner. Thereafter, an application under Sec. 439 (2) Cr.P.C. for cancellation of the bail of the petitioner was filed by the State, which was allowed and the petitioners bail was cancelled and he was directed to surrender before the A.C.J.M. The petitioner instead of surrendering before the learned Magistrate has also filed his anticipatory bail petition under Section 439 Cr.P.C. in this court.

(4). I have heard learned counsel for the petitioner and the learned Public Prosecutor at length and carefully perused the case diary and

Click Here to Read the rest of this document