SANDEEP MAZUMDAR Vs. STATE DELHI ADMINISTRATION

JUDGEMENT

(1.) This is an application under Section 439 of the Codeof Criminal Procedure for the grant of bail.

(2.) The petitioner's earlier bail application was dismissed by this Court on 2 3/09/1991. The present application has been moved by the petitioner statingthat certain facts were not mentioned. It is the admitted case of the parties that themarriage between them tookplaceon 27/02/1987. The deceased Smt. Anuradha died in the intervening night of 25th and 26/10/1991. While issuingthe post mortem report on 27/10/1991, the Doctor opined that the death wasdue to consumption of Baygon Spray.

(3.) Shri K.K. Sud, learned Counsel for the petitioner has filed certain documents staling that the deceased was employed in P&T Department and wasreceiving a monthly salary of over Rs. 2,000.00 while the petitioner husband wasemployed in Aristo Pharmaceuticals Company and was working as RegionalManager and was receiving a monthly salary of Rs. 7,379.00after deductions. Fromthe documents filed on record it has been demonstrated that joint Savings BankAccount and FDR were made in the name of the deceased dated 8.9.1991. Thepetitioner in order to reduce the Income-tax liabilities also purchased NationalSavings Certificates on 25.2.1989 for an amount of Rs. 1,000.00 and Rs. 5,000.00 andgave the name of his wife as joint-holder. In 1988, insurance policy was taken andthe deceased was made his nominee. Even the petitioner had made the deceased100 per cent nominee for the payment of gratuity. It is averred that the deceasedAnuradha was operating account and was withdrawing the money from the jointBank account.