NEMICHAND BANSAL Vs. STATE OF M P

JUDGEMENT

(1.) THIS petition under Section 482, Cr. P. C. read with Section 401 and Section 439 (2), Cr. P. C. is against the order dated 20. 8. 1998, passed by Sixth Additional Sessions Judge, Gwalior whereby the bail granted to non-applicant No. 2, vide the impugned order, challenged here in this petition.

(2.) IT was submitted that the non -applicant No. 2 Mahavir Prasad Goyal alongwith his wife Smt. Kusum, daughter Ku. Preeti and two sons namely Pankaj and Manoj (husband of the deceased) were being prosecuted for the offence under Sections 304-B and 498-A of I. P. C.

(3.) IN the case in hand, initially the applications for grant of an anticipatory bail were moved under Section 438, Cr. P. C. on behalf of the, wife of the non-applicant No. 2 and their daughter Ku. Preeti, being registered as Cri. Misc. C. No. 3083/96, Smt. Kusum Goyal v. State of M. P. , and Cri. Misc. C No. 3140/96, Ku. Preeti v. State of M. P. The aforesaid two applications were rejected by the Court below vide order dated 5. 11. 1996, Annexure-A4, passed in Cri. Misc. C No. 3083/96 and the order dated 6. 11. 1996, Annexure A5, passed in Cri. Misc. C No. 3140/96. Thereafter, the applicants therein surrendered before the Court on 26. 11. 1996 and then moved an application under Section 439, Cr. P. C. before the Court below, which was allowed vide order dated 26. 11. 1996, as per Annexure-A7.