PADAM CHAND JAIN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This is an application for cancellation of bail u/S. 439(2), Cr. P.C. which bail was granted by Shri R. K. Chachan, Addl. Sessions Judge, Jaipur City Jaipur in Cr. Misc. Bail Application No.473/89, under his order dated 17/05/1989. The said bail application was granted in a case u/Ss.306 and 498A IPC, a charge-sheet having been filed after investigation by the police.

(2.) Before I take up the facts of the case, it be stated that cancellation/ bail has been sought on two grounds, firstly, this Court (Hon'ble Kapur, J.) in an application for bail made on behalf of the accused-non-petitioner u/S.439 Cr. P.C. has declined bail to the accused-non-petitioner in S.B.Cr. Misc. Bail Application No. 1314/ 1989 Arun Kumar v. State on 13/04/1989 and secondly the grant of bail to the accused-non-petitioner who is the husband of deceased Anjana, was not in accordance with law and was illegal.

(3.) First the facts, which are these. Marriage of Anjana took place in accordance with Hindu rites on 10/07/1988 with the accused non-petitioner Arun Kumar son of Shri Kanchanlal, resident of Shastri Nagar, Jaipur. It appears that the relations between the deceased Anjana and Arun Kumar were not cordial for one reason or the other, and a few days before the date of her death, she had gone to the house of her parents and it was on 17/02/1989 at about 9 p.m. that the accused-non-petitioner Arun Kumar alongwith others had gone to the house of the parents of deceased Anjana and demanded about Rs. 8,000/- to Rs. 10,000.00 from them stating that the said amount was required for running his business. Earlier demands are also said to have been made by the accused, but on 17/02/1989, it is alleged that the parents of Anjana gave out that it was not possible for them to give money. Promising good behaviour with Anjana, they took Anjana to the house of the accused-non-petitioner on 17/02/1989 i.e. day earlier Anjana committed suicide. A report of the incident was lodged by Kanchanlal, father of the accused on 18/02/1989 wherein it was stated that the door was bolted from inside and on being called when there was no response from Anjana it was seen by peeping from the windows that Anjana was hanging. Kanchanlal informed the father of the deceased Anjana and proceedings u/ S.174, Cr. P.C. were conducted and thereafter a report was lodged by Padam Chand, brother of the deceased Anjana to Dy. Superintendent of Police Bani Park, Jaipur on 21/02/1989 and a case was registered and investigation was set in motion.