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1994 Supreme(MP) 940

A.S.ANAND, M.K.MUKHERJEE
Dolat Ram – Appellant
Versus
State of Haryana – Respondent


JUDGMENT

Leave granted.

In a case arising out of FIR No. 735 dated 8.11.1993, relating to the alleged dowry death of Smt. Sunita - wife of Anil Kumar, the learned Additional Sessions Judge, Rohtak granted anticipatory bail to the parents and the brother of the husband of the deceased Smt. Sunita and directed that they be released on bail on their furnishing bail bonds in the sum of Rs. 10,000/- each with one surety each of the like amount in the event of their arrest to the satisfaction of the Arresting Officer. No bail has, however, been granted to the husband - Anil Kumar. The State of Haryana filed a petition in the High Court of Punjab and Haryana seeking cancellation of the anticipatory bail, granted to the appellants by the Additional Sessions Judge, Rohtak on November 12, 1993. The learned Single Judge of the High Court by its order dated 8.9.1994, cancelled the bail

observing:

"Dowry death is a serious matter and cannot be taken so lightly. No positive finding has been recorded by the Addl. Sessions Judge in his order to the effect that the respondents and the deceased were living separately. No prima-facie case is made out which could justify the grant of a






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