JUDGMENT 1. - One Siyaram died on 27-5-88. Against him a suit for specific performance of the Contract had been filed by the complainant and bad obtained a stay order a couple of months before his death. The accused petitioners claimed that Siyaram left a will in their favour leaving his property to them. There is civil dispute between the parties. The accused petitioners claimed that Siyaram died due to natural death. But a turist had been given to the circumstances to make it appear that he died on account of some head injuries. The learned counsel for the complainant had referred to the statement of a witness who saw one injury on the head of the deceased and his other contention is that the cremation of Siyaram was done and relatives of Siyaram had not been informed. Reliance has also been placed on 1988 Cr. L.R. (S.C.) 117 wherein it was held that anticipatory bail should not be granted in a murder case when the investigation was still in completed. In the present case investigation under Section 156 (3) Cr. P.C. is pending and it is contended that anticipatory bail should not be granted. 2. The present case is on the basis of a complaint and it has come on record that there is a civil dispute between the parties. It has also come on the record that the deceased was an old man of 65 years. Only one injury on his head is said to have been seen by persons who saw the dead body. The matter was not brought to the notice of the Police soon after the death of Siyaram. The complaint has also been lodged by a person who has a grudge against the petitioners. Considering all these circumstances it can be said that when the accused petitioners would be bound down to participate in the interrogation and investigation then they can be released on anticipatory bail. 3. The SHO/Arresting Officer/Investigating Officer, Police Station. Mania in F.I.R. No. 114/88 is therefore, directed that in the event of arrest of petitioners, they he released on bail provided each of them furnishes a personal bond in the sum of Rs. 5,000/- with one surety in the like amount to his satisfaction on the following conditions: (a) That the petitioners shall make themselves available for interrogation by a Police Officer as and when required.
5,000/- with one surety in the like amount to his satisfaction on the following conditions: (a) That the petitioners shall make themselves available for interrogation by a Police Officer as and when required. (b) That the petitioners shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case, so as to dissuade him from disclosing such facts to the court or to any Police Officer; and (c) That the petitioners shall not leave India without the previous permission of the court. Bail Granted. *******