DEEPAK KUMAR GOYAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) PETITIONER Deepak Kumar Goyal aggrieved by the order dated 14. 4. 95 passed by the learned Sessions Judge, Sri Ganganagar cancelling his bail under Sec. 439 (2) Cr. P. C. and directing him to surrender himself before the learned A. C. J. M. on 18. 4. 95 and further directing the said Magistrate to send him to the judicial custody, has preferred this petition under Sec. 482 Cr. P. C. bearing S. B. Cr. Misc. Application No. 202/95 and anticipatory bail application u/s. 438 Cr. P. C. bearing S. B. Cr. Misc. Bail Application No. 699/95.

(2.) SINCE both these petitions emanate from the impugned order, those are being disposed-off by a common order.

(3.) I respectfully agree with this dictum of law but the facts of Dolat. Ram's case (supra) are clearly distinguishable. In the case of hand, petitioner was bailed out for the offence u/s. 498a IPC only and not for the offence u/s. 304-B IPC, which is a distinct and separate offence and it was also specifically mentioned by the learned Sessions Judge that in case offence u/s. 304-B IPC was made out against the petitioner, the I. O. will be at liberty to arrest him by filing an application before that court.