DEVENDRAKUMAR BABULAL AGARWAL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Heard the learned Counsels for the parties at length. The learned Counsel for the petitioner submits that in case this Court is not inclined to grant the bail to the petitioner then all the contentions raised by him may be referred and a reasoned order may be passed as the petitioner intends to take up the matter before Hon'ble Supreme Court.

(2.) In the matter of bail applications filed either under Sec. 439 or 438 of the Criminal Procedure Code, 1973, as far as possible, the Court may not touch the merits of the matter otherwise it may prejudice the case of either side. Moreover, such matters normally come before the Court at the stage of investigation or at the stage where the challan has been submitted in the Court and the trial has not commenced. In the case of Kashi Nath Roy v. State of Bihar, reported in AIR 1996 SC 3240 their Lordships of the Hon'ble Supreme Court in para 6 observed :

(3.) The facts of the case are that the marriage of the petitioner was solemnized with deceased Mamta just one and half years back and out of this wedlock they had a male child who is aged about six months. Mamta, wife of the petitioner has not died of the natural death. In this case the petitioner contended that she has committed suicide but that is the matter which has to be undergone by the trial Court. However, the fact is that it was not a natural death. It is also a fact that Mamta died at the house of the petitioner. The petitioner is accused of the offences under S.498A, 304B, 306 and 114 of the I.P.C. Along with the petitioner his parents as well as sisters etc. are also accused in the case. The petitioner has been enlarged on bail under Sec. 439 of the Cr. P.C. 1973 by the learned lower Court whereas other accused were granted anticipatory bail under Sec. 438 of the Cr. P.C. by the Court below. On an application by the complainant filed for cancellation of bail granted to the petitioner and his relations before this Court, this Court on 4th December, 1997 cancelled the bail granted to the petitioner and his relations by the learned Court below.