K. J. VAIDYA, J. ( 1 ) RULE. Mr. D. N. Patel, the learned app waives service of the Rule on behalf of the respondent-State. Heard Mr. M. C. Barot, the learned Advocate for the petitioner and Mr. D. N, Patel, the learned addl. Public Prosecutor the petitioner Koli Patel Dana Khima, who came to be arrested in connection with C. R. No. 97/91 registered at Sayla police Station, for the alleged offences punishable under Sections 304-B and 498-A of the IPC for allegedly causing dowry death of his wife Bai Margha by subjecting her to the cruelty, has by this misc. Criminal Application, moved this court for getting himself released on bail, challenging the impugned judgment and order dated 7-10-1991 passed by the learned Sessions Judge, Surendranagar, dismissing his bail application. ( 2 ) TO state few relevant facts briefly, according to the complainant-Soma ganda, the incident in question wherein his younger sister Bat Margha was done to death, took place somewhere during the period in between 1-6-1991 and 3-6-1991. Further, according to the complainant, Bai Margha was married to the petitioner Dana Khima of village gandiavadi only an year and a half before the incident in question. It is further alleged that whenever Rai Marhga used to visit her parental home, she was complaining about the taunting and illtreatment meted out to her by her husband and other in-laws of the house making grievance about dowry-demands. Further according to the complainant, on last Saturday, Hakabhai who happens to be the elder brother of the petitioner had come to his house and complained him that Margha had gone away from the house and that he had come in search of her. As a result of this information, the complainant and others went out in search of Margha in round about areas, but the same was of no consequence as she could not be traced. Ultimately, on the morning of 3-6-1991, the dead body of Bai Margha tied with some stones was recovered from the Panchayat well of village Khantla. On the basis of these facts, on 3-6-1991, at about 23-00 hours a complaint came to be filed against the petitioner, his father-Khima, his mother-Samubehn, and Bhanibehn-wife of the elder brother of the petitioner before the ASP, Surendranagar alleging that the said persons had tortured and killed Bai Margha on account dowry dispute. On the basis of these facts, on 3-6-1991, at about 23-00 hours a complaint came to be filed against the petitioner, his father-Khima, his mother-Samubehn, and Bhanibehn-wife of the elder brother of the petitioner before the ASP, Surendranagar alleging that the said persons had tortured and killed Bai Margha on account dowry dispute. After this complaint came to be registered as C. R. No. 97/91, the petitioner was arrested and after the investigation was over, he came to be charge-sheeted to stand trial for the alleged offences punishable under Sections 304-B and 498-A of the IP Code. ( 3 ) IT further appears that earlier also before filing the charge-sheet, the petitioner had made one bail application before the Sessions Court, surendranagar, which was rejected. Thereafter, once again, the petitioner submitted yet one more bail application being Miscellaneous Criminal Application no. 327/91 before the Sessions Court, surendranagar which also as stated above, came to be rejected, giving rise to the present application for bail. ( 4 ) MR. M. C. Barot, the learned Advocate appearing for the petitioner while arguing this bail application submitted that the petitioner was quite innocent and deserves to be released on bail. He further submitted that the Sessions Court has failed to appreciate that no such custom of dowry, as alleged, was prevalent in the community of the petitioner. Mr. Barot further submitted that according to their caste custom, it was the husbands side which has to give some money and articles to the wifes side. Further according to Mr. Barot, the deceased was never tortured by the petitioner and his family members as alleged in the complaint. Rather, it was the deceased bai Margha who did not like the petitioner and his family members and that she of her own had left the house and ultimately appears to have committed suicide. Mr. Barot finally urged that the petitioner has been falsely implicated on the basis of some suspicion and that since he was languishing in jail since last number of days, he be released on bail. ( 5 ) AS against the above, Mr. Mr. Barot finally urged that the petitioner has been falsely implicated on the basis of some suspicion and that since he was languishing in jail since last number of days, he be released on bail. ( 5 ) AS against the above, Mr. D. N. Patel, the learned APP on the basis of the relevant police papers has vehemently opposed this bail application and submitted that taking into consideration the gravity and seriousness of the offence wherein Bai Margha appears to have been done to death within a short span of only year and a half of her marriage and that too on account of some dispute over dowry demand, and further still as the reasons given by the learned Sessions judge while rejecting the bail application being quite cogent and convincing, no case was made out to interfere with the same for releasing the petitioner on bail. ( 6 ) AT this stage, Mr. Barot having argued the matter for quite sometime, sensing that this Court was not prima facie inclined to grant bail to the petitioner, sought permission to withdraw this petition. ( 7 ) HOWEVER, while parting, it may be stated that the matter cannot be permitted to simply rest here only as looking to the allegations made in the FIR and statement of witnesses, Panchnama of recovery of dead-body and inquest of Bai margha made by the investigation officer, it appears that the investigation of the case has not been conducted on the desired guidelines as streamlined and provided in the relevant Rule 233 (b) of the Gujarat Police Manual, Vol. III and the Circular No. PRG/2987/10698-D, sachivalaya, Gandhinagar dated 3-2-1989, issued in the matter of prevention of the (incident) of unnatural deaths (taking of place in) women and action to be taken after such incident. Here incidentally, it may also be stated that the investigation of the criminal cases is both - matter of Art and Science. The master-key to step-by-step detecting and unearthing the alleged crimes connecting the offences and offender (s) is the "suspicion", "sound commonsense", "recalling in aid ordinary natural conduct - that is to say, human behaviour of the accused and the witnesses to the alleged crime", and the help of forensic science. In fact, without aid and assistance of these four, it is not possible to make any headway in the real detection of crime and thereby book the offender. In fact, without aid and assistance of these four, it is not possible to make any headway in the real detection of crime and thereby book the offender. Accordingly, these are the fundamentals and it is for this reason only that Rule 203 (b) emphasis is laid on the word slightest suspicion. For the sake of convenience and ready reference, the relevant Rule 223 (b) of the Gujarat police Manual and the aforesaid Circular are reproduced as under: rule 223 Inquiries into accidental or suspicious deaths:" (1) XXX XXX (2) xxx xxx (3) xxx xxx (b) In all other cases of unnatural deaths, the investigating officer should go deep to find out the cause of death. An offence of murder should immediately be registered when there is slightest suspicion to that effect. All cases of suspicious death should as far as possible be personally investigated by the police Sub-Inspectors. The case should be entrusted to Head Constables only if the Police Sub-Inspectors are not available owing to other important engagements. Investigation made by Head constables should be always verified by the Sub-Inspector. "home DEPARTMENT government OF GUJARATCIRCULAR No. PRG/2987/10698-D, sachivalaya, Gandhinagardated: 3-2-1989 ( 8 ) NOW examining the FIR filed in this case and various statements of the witnesses and certain Panchnama in the background of the guidelines reproduced hereinabove, it appears that had indeed the investigation of the case conducted on the said lines, then the offences alleged against the petitioners, prima facie would have been different and assumed quite grave and serious complexion and the investigating Agency which came out merely with allegation of offences under sections 304-B and 498-A of the IPC would have filed the charge-sheet for the offences under Section 302 of IPC. From the record, prima facie it is quite apparent that the directions given by the state Government in Clause 2 (C) and 2 (D) of the aforesaid Circular have been clearly ignored. It is also not pointed out to us by the learned APP whether departmentally any explanation was called for from the concerned Investigating officer or not by virtue of further direction given in Clause 3 (A) of the aforesaid Circular. It is also not pointed out to us by the learned APP whether departmentally any explanation was called for from the concerned Investigating officer or not by virtue of further direction given in Clause 3 (A) of the aforesaid Circular. This Court is indeed conscious of the fact that ordinarily the courts are not expected to enter into an arena or the field of the investigation which is specially reserved for the investigating Agency as indeed it is the best judge in its own right to investigate the case and decide for itself as to for what offence or offences the charge-sheet should be submitted against the accused before the Court. But as stated above, taking into consideration the facts and circumstances emerging from the Police record itself, objectively, it appears that the accused could as well have been prosecuted with the alleged offence u/s. 302 of Indian Penal Code, more particularly in view of Rule 203 (B) of the Police Manual and the aforesaid circular. The carelessness shown in the conduct of the investigation deserves to be immediately brought to the notice of the Deputy Inspector General of Police and the State Government with a view to see that such lapses are checked immediately and are not repeated in future. But for the fact that it is too late in the day now this Court might have directed the re-investigation of the case. The learned APP instructed by the concerned Investigating Officer who was present in the Court when he was made conscious of this glaring lapse in the investigation, he had no answer to the same. In fact, the learned APP quite fairly submitted that the aforesaid Rule 223 (b) of the Police Manual and the relevant guidelines provided in the aforesaid circular appears to have been clearly lost sight of while filing the charge-sheet. The learned APP assured this Court that he will certainly bring this aspect to the notice of concerned authority with a view to see that the object and the spirit of rule 223 (b) of the Police Manual and the aforesaid circular can be properly taken care of, in order to see that the same is not frustrated. The learned APP assured this Court that he will certainly bring this aspect to the notice of concerned authority with a view to see that the object and the spirit of rule 223 (b) of the Police Manual and the aforesaid circular can be properly taken care of, in order to see that the same is not frustrated. ( 9 ) WHILE recording the deep sense of satisfaction over the State Governments action in issuing the above circular to the Investigating Officer, it must be stated that it is heartening to find the State evincing the necessary special interest in the burning problem of the atrocities on women and their unnatural deaths by issuing a special circular. This indeed is good but at the same time, as it is often said that many a times even the best is not enough and accordingly, in order to make the aforesaid Circular quite meaningful, effective and fool-proof, something more by way of adding spirit to it, some additional guidelines are required to be added in the aforesaid circular and also in the Police Manual. On going through the said circular, it quite appears that some good positive guidelines have been given to the investigating Agency as to how the investigation in the case of atrocities and unnatural deaths of women should proceed. Not only that but the circular in Clause 3 (A) has also taken enough care to impress upon the Investigating agency that in case of cruelty against women, if any police officer will try to convert the offence of murder into that of a suicide or accident with ill-intention or under pressure of any other person, then in that case, the higher officer shall take legal and departmental action against such an officer under the charge of getting up false record and destroying the evidence, etc. , and that the higher officer shall be responsible to see that the actions are taken in time. No doubt, this particular clause in the circular clearly highlights and impresses upon the concerned investigating Officer of the consequences of the lapse committed by it during the course of investigation. This is good but not enough for the simple reason that it is very likely that only when the cases come before the Court, at quite belated stage that the irregularities of not following the guidelines provided in the circular are noticed ! This is good but not enough for the simple reason that it is very likely that only when the cases come before the Court, at quite belated stage that the irregularities of not following the guidelines provided in the circular are noticed ! This may in a way will be quite useful in taking the departmental action against the concerned Investigating Officer, but so far as the concerned case is concerned, the same may not serve the purpose as it may turn out to be too late in the day to do needful in the matter. Not only that but because of this, justice may not be brought home as by that time to punish the accused for the real grave offence of murder would be far beyond reach as it has happened in the instant case. It is this glaring snag in the guidelines which this Court feels to be immediately taken care of in order to make Rule 223 (b) of the Police Manual and the aforesaid circular meaningful and effective. In order to do this, the circular in question needs to be added with some more clauses which may provide an effective inbuilt mechanism, taking enough and instant care to prevent any lapse in the investigation so that proper charge-sheet is filed and that justice is brought home. Accordingly, it appears that the following or some such other provisions which the government deems fit, be added in the said circular. The said proposed clauses read as under: (1) "that being filing the charge-sheet in the case of atrocities on women and the unnatural deaths of women, the same shall be closely scrutinized in the first instance by the DSP or the Commissioner of Police of the concerned area, as the case may be, by seeing as to whether the investigation of the case is proceeding on the lines indicated in Rule 223 (b) of the Gujarat Police Manual and the guidelines provided in the aforesaid circular issued by the Home Department. " (2) "further it is only after the proposed charge-sheet is okeyed by the concerned DSP or the Commissioner of police, that the same may be green signalled to be placed before the Court. " (2) "further it is only after the proposed charge-sheet is okeyed by the concerned DSP or the Commissioner of police, that the same may be green signalled to be placed before the Court. " (3) "that after the DSP or the commissioner of Police okeyes the charge-sheet, copy of the same should be forwarded to the Secretary, Home department as well as the Director general of Police alongwith the opinion of the said DSP and the Commissioner of Police with a view to see that it provides further check on sometimes cursory and careless scrutiny of the concerned DSP and Commissioner of Police. "unless the aforesaid clauses or some such other clauses are incorporated in the above Circular, and further, the investigation of such cases are periodically monitored by the higher-ups, the entire guidelines given in it are likely to remain dead cold prints on the lifeless pieces of papers making it non-existent. It is only the power of superintendence to be effectively exercised by the DSP, commissioner of Police, Director General of Police and the Home Department, as the case may be, that the above circular issued by the State Government as well as the directions given in Rule 203 (b) of the Police Manual would serve the desired social cause for which it has been circulated. Looking to the gravity of the problem involved and the interest taken so far by the State Government, it will not be out of place if this Court hopes that in overall public-interest the suggestions made hereinabove are incorporated in the above Circular at the earliest. ( 10 ) OFFICE is directed to forward a copy of this judgment to the Secretary, Home department, Government of Gujarat, gandhinagar and Director General of police, Ahmedabad, for information and necessary action. ( 11 ) IN the result, this petition stands disposed of as withdrawn. Rule discharged. Petition withdrawn. .