- (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. Aggrieved by the order dated 27-2-86 passed by the learned Incharge Sessions Judge, applicant preferred an application under Section 482, Cr. P. C. for modification of the order dated 27-2-86. This court vide order dated 20-3-1986 quashed the order dated 27-2-86 to the extent that the condition so imposed by the learned Incharge Sessions Judge that the bail would stand automatically cancelled held as under : "of course this will leave the prosecution free to move an application for cancellation on the ground that the Chemical Examiner finds from the Viscera that it was a case of poisoning or on any other ground that may be available under the law and that application, if it is moved at all will be disposed of according to law on merits. " Arun Kumar complainant filed an application before the Sessions Judge, Agra alleging that SMTP. Pushpa, his sister and wife of Satendra Kumar died on 19-2-85. A report about the incident was lodged on the same day by her brother Arun Kumar stating that the marriage of Smt. Pushpa and Satendra Kumar had taken place four years prior to the incident and out of the wedlock two children were born. Satendra Kumar and other members of the family were demanding dowry and 5 or 6 days prior to the incident Smt. Pushpa was given a thrashing and was turned out of the house but later on returned to the former's house on the pecification of Arun Kumar her brother and the assurance of Sri Satendra Kumar, her husband to maintain her properly. However, on the day of the incident at about 11. 30 a. m. a message was received by Arun Kumar that the condition of his sister SMTP. Pushpa wife of Satendra Kumar is very serious and an attempt had been made to kill her. It was also informed that she was being taken to the Emergency Ward of the hos pital. Arun Kumar rushed to the hospital but did not find her there and he then went to the house of her brother-in-law Satendra Kumar where he found his. sister dead. Accordingly the report was lodged. The case was investigatedo The post-mortem was conducted but at that time the doctor could not come t, any conclusion regarding the cause of the death. The viscera was kept and sent to the Chemical Examiner. The applicant: Satendra Kumar and his father Damodar Das in view of the report of the post-mortem were released on bail1 Consequently, on the receipt of the report of the Chemical Examiner it was found that poison is present in the viscera and this poison was described as Alumi nium Phosphate. "
(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. The learned Sessions Judge considered the various contentions of the parties, came to the conclusion vide order dated 24-2-87 without observing on merits that in view of the report of the Chemical Examiner and the other circumstances surrounding the case that the bail of Satendra Kumar husband of deceased Smt. Pushpa deserves to be cancelled and was accordingly cancelled while that of Damodor was not cancelled.;