SURENDRA KUMAR Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This is an application filed by the accused Surendra Kumar in Crime No. 284 of 1993 of Police Station, Sihora, District Jabalpur for grant of anticipatory bail under Section 438 of Code of Criminal Procedure, 1973. The application was opposed by the learned Government Advocate.

(2.) Learned Judge before whom bail matter came up for consideration at an earlier stage passed an order restraining the petitioner's arrest. One of us who had occasion to deal with the case at a later stage doubted the legality of the interim order restraining the arrest and referred the matter to Division Bench.

(3.) The petitioner married Mst. Sarojabai. On 25-5-1993, she sustained burn injuries and was taken to the hospital. Police was given informa tion and parents were also informed. A case was registered against the petitioner for offence under Section 306 and. Section 201 of the Indian Penal Code. This Court granted him anticipatory bail. Mst. Sarojabai succumbed to the injuries on 3-6- 1993. The case was subsequently converted into one involving offence under Section 302 IPC also. This led to the filing of the present applica tion. The Court ordered notice and called for the records and pending consideration of the applica tion restrained the petitioner's arrest.