LILY GUPTA Vs. STATE

JUDGEMENT

(1.) By this petition, under Section 439 of the Code of Criminal Procedure, Smt. Lily Gupta, widow of late Shri Arun Gupta, seeks cancellation of bail, granted by this Court to H.S. Suri, respondent no. 2, who alongwith his wife, Manjeet Kaur, is charged with the murder of Arun Gupta.

(2.) F.I.R. 259/82 was registered, at the instance of the petitioner, at police station Farash Bazar, on the night between August 26, and 27, 1982. The report was a sequel to the mysterious disappearance of Arun Gupta, a young industrialist. H.S. Suri; respondent, a consulting engineer, who also owns a factory, was known to the deceased, and they have bad business dealings. According to the FIR, the petitioner, who went to the factory of the deceased, alongwith a servant, and a driver, in search of the deceased, when did not turn up until 11.30 p.m., per chance found respondent no. 2 driving the car, belonging to the deceased, and who on being enquired, told the petitioner that Arun left for his residence in the car of the respondent, as Arun's car which the respondent was driving, was out of order. According to the petitioner, she did not find the deceased at the residence, on which she went to the residence of the respondent, but the wife of the respondent, who answered the knock, did not let the petitioner in and put her off. The petitioner claims to have then gone to the factory of another industrialist, Charan Dass, but being unable to get in, returned to the house of respondent and found that the car of the deceased, which on her earlier visit was parked outside the house, had disappeared. She claims to have eventually found the car of the deceased parked on a payement, when she turned towards Loni Road. The car was lying "abandoned and an attache case was lying opened in it". She claimed that she suspected "foul play", as her husband had not returned and, therefore, sought "help". A case u/s 302 read with Section 364 Indian Penal Code was accordingly registered. It is claimed that in the course of invertigation, the dead body of Arun Gupta was recovered from the residence of respondent, H.S. Suri, packed in a holdall, and a pistol belonging to the said respondent was also recovered, from his residence, pursuant to a disclosure statement made by him. Respondent, H.S. Suri his wife and 5-6 other persons were arrested in connection with the murder of Arun Gupta within a few days of the report. Manjeet Kaur, wife of respondent, eventually surrendered to the police in September, 1983.

(3.) On October 7, 1983. respondent was granted bail by this Court, on the condition that the respondent would furnish a further personal bond in the sum of Rs. 3000.00 with one surety in the like amount undertaking to "abjure violence and to be of good conduct during the pendency of the trial". Manjeet Kaur was also admitted to bail after she had surrendered. Respondent, his wife, Manjeet Kaur, and certain others, were sent up for trial and charges u/s 302 Indian Penal Code were framed against the respondent, and his wife. The other accused persons were discharged. The wife of the respondent challenged the order, framing a charge against her, and the Revision petition of Manjeet Kaur has been admitted by this Court, Jagdish Chandra J. The petition is pending, and the proceedings in the trial court have been stayed.