G.S. Ahluwalia, J. - (1.)This application has been registered under Sec. 439(2) of CrPC in exercise of suo motu power by this Court by order dtd. 7/9/2021 passed in M.Cr.C. No.41406/2021 and a show cause notice was issued to the respondent as to why the bail granted by the Trial Court be not cancelled.
(2.)It is not out of place to mention here that the respondent was absconding and could be arrested only on 16/7/2021. It is also not out of place to mention here that the deceased died within a period of four years from the date of her marriage and, accordingly, Crime No.96/2020 was registered at Police Station Devgarh District Morena for offence under Ss. 498-A, 304-B and 34 of IPC and Sec. 3/4 of Dowry Prohibition Act. The husband of the deceased as well as the husband of the respondent were arrested. Their bail applications were rejected. The husband of the respondent namely Charan Singh was arrested on 22/9/2020.
(3.)The husband of the deceased namely Pankaj Singh Sikarwar moved his second application under Sec. 439 of CrPC which was registered as M.Cr.C. No.41406/2021 as his first bail application was rejected mainly on the ground that his mother (respondent) is still absconding. It was submitted by the counsel for Pankaj Singh Sikarwar that now her mother has surrendered on 16/7/2021 and she has been granted bail by the Sessions Court by order dtd. 5/8/2021 and, accordingly, the order dtd. 5/8/2021 passed by the First Additional Sessions Judge, Jaura District Morena in B.A. No.357/2021 was also placed on record.