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J.K.MAHESHWARI
PRAVEEN DUBEY – Appellant
Versus
RAVISHANKAR – Respondent
J.K. MAHESHWARI, J.
1. This petition under Section 439(2) of Cr.PC has been filed seeking cancellation of bail granted to non-applicant Nos. 1 and 2 by ASJ, Barwah. Both were made accused in Crime No. 51/13 registered at Arakshi Kendra, Balvada for an offence under Sections 306 and 34 of IPC whereby deceased Pankaj Dubey, husband of accused Sapna, committed suicide on 12-2-2013 at about 11.00 p.m. The prosecution recovered a suicide note wherein allegations of abetment to commit suicide were levelled, in addition statements were also recorded, however, on such allegations, both the non-applicant Nos. 1 and 2 and co-accused Sapna were implicated in this case. The facts leading to file this case are that both the non-applicants applied under Section 438 of Cr.PC seeking anticipatory bail bearing No. 51/2013 (15/2013), which was rejected on 1-4-2013 by the Additional Sessions Judge, Barwah on merits. On rejection, they have filed bail application under Section 438 of Cr.PC (M.Cr.C. No. 4455/2013) before this Court, which was dismissed, for want of prosecution on having case diary available. Then they have filed 2nd bail application before ASJ, Barwah bearing No. 60/2013, under S
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