Document Fragment View

Matching Fragments

In the peculiar circumstances of the case, it is not necessary to delve much on the aspect with regard to maintainability of the subsequent application under Section 438 Cr.P.C. on account of changed circumstances. The material on record is indicative of the fact that there are serious allegations levelled against the petitioners. Merely because the petitioners have been found to be innocent during the course of the investigation 4 of 6 CRM-M-43567-2022 (O&M) and and have been summoned under Section 319 Cr.P.C. cannot be construed as a sole circumstance to extend the concession of anticipatory bail to them. The anticipatory bail can be granted in the event the extra ordinary circumstances are made out. It is significant to note that the death has occurred within a period of about three months from the date of marriage in the house of in-laws of the deceased. As per the report of chemical examiner, paracetamol was found positive in liver, spleen, kidneys and blood and cause of death opined to be paracetamol poisoning which is sufficient to cause death in the ordinary course of nature. Furthermore, the statement of the complainant recorded during the course of trial indicates that the deceased had made an oral dying declaration before Palwinder Singh, brother-in-law of the complainant and Sardar Singh, Nambardar in which she disclosed that the petitioner along with her husband had administered 25 tablets of paracetamol to her and even Sardar Singh had conducted videography thereof.