DOLAT RAM Vs. STATE OF HARYANA

JUDGEMENT

(1.) Leave granted.

(2.) 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. 00 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 12/11/1993. The learned Single Judge of the High court by his order dated 8/9/1994, cancelled the bail observing:

(3.) It appears to us that whereas the learned Additional Sessions Judge was not justified in observing in the last paragraph of his order while granting anticipatory bail "it appears that possibly these accused-appellants have been roped in falsely", at that initial stage, when possibly the investigation was not even completed let alone, any evidence had been led at the trial, the High court also fell in error in cancelling the anticipatory bail granted to the appellants for the reasons, which have been extracted by us above. The learned Additional Sessions Judge had noticed that even according to the statement in the FIR, the appellants were living separately from the deceased and her husband and that the factum of separate residence was also supported by the ration card. These considerations were relevant considerations for dealing with an application for grant of anticipatory bail.