SATENDRA KUMAR Vs. STATE OF U P

JUDGEMENT

(1.) A. N. Dikshita, J. Applicant Satendra Kumar Singh aggrieved against the judgment and order dated 24-2-87 in Crl. Misc. Case No. 688 of 1986 of the Sessions Judge, Agra passed in Case Crime No. 59 of 1985 under Sections 304/302/498, I. P. C. filed a revision on 27-2-87 before this Court. This Court passed the following order : "issue notice to opposite party No. 2 fixing 15th April, for showing cause why not revision may be admitted. Heard the learned counsel for the applicant. Let the applicant Satendra Kumar be enlarged on bail in Case Crime No. 59/85 under Sections 302/304/498-A, I. P. C. P. S. New Agra, Distt. Agra, on his furni shing two sureties and a personal bond in the like amount to the satisfaction of Chief Judicial Magistrate, Agra, List the application before me on 5th May, 1987. Sd/ B. L. Y. 27-2-87. Later on at the prayer of the applicant's counsel Sri V. C. Tiwari that the revision (Crl. Revision No. 377 of 1987) be converted into one under Section 482, Cr. P. C. The revision was converted into a case under Section 482, Cr. P. C. (Criminal Misc. Application No. 8798 of 1987) vide the following order dated 12-8-87 : "mr. V. C. Tewan, learned counsel for the applicant has prayed that this revision may be converted into application under Section 482, Cr. P. C. Let this revision be converted into application under Section 482, Cr. P. C. Office is directed to list this case before the Bench hear ing applications under Section 482, Cr. P. C. on 19th August, 1 87 peremptorily. Sd/ B. L. Yadav, 12-8-87"

(2.) FACTS in a narrow compass are that the applicant and one Damodar Das were involved in a case under Sections 3u2/304/498, I. P. C. and were proceed ed against. Applicant Satendra Kumar alias Munna as well as Damodar Das filed an application before the Sessions Judge, Agra for their being released on bail. The incharge Sessions Judge vide his order dated 27-2-86 found that at stage there was no sufficient evidence to indicate that the deceased died of poison. However, applicant Satendra Kumar and Damodar Das were released on bail with the condition that in case it is found at a later stage after the receipt of the report of the Chemical Examiner that the deceased died of poisoning then the bail shall be deemed to be cancelled and the applicant shall surrender in this Court. The applicants were directed to be released on baill on their furnishing a personal bond of Rs. 0 0 and 2 sureties each in the like amount to the satis faction of the Magistrate concerned.

(3.) WITH these allegations the application for the cancellation of the bail was filed before the Sessions Judge as stated above. Applicant Satendra Kumar and the other accused in the case contended that Smt. Pushpa died as a result of rash and negligent treatment by Dr. Ramesh Dhaneja. They denied their pre sence at the time of the incident. They did not know even that the death of Smt. Pushpa has taken place. However, on the receipt of the information Satendra Kumar came from the factory.