Criminal Misc. No. M-23522 of 2009 [ 1]
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
Crl. Misc. No. M-23522 of 2009 (O&M)`
Date of decision: 17.9.2009
Khursheeda and others
.. Petitioners
v.
State of Punjab
.. Respondent
CORAM: HON'BLE MR. JUSTICE RAJESH BINDAL
Present: Mr. R. S. Bajaj, Advocate for the petitioners.
Mr. Mehardeep Singh, DAG, Punjab.
..
Rajesh Bindal J.
While issuing notice of motion on 26.8.2009, this Court had recorded
the following contentions of learned counsel for the petitioners:
“Learned counsel for the petitioners submitted that late Younis
Masih had taken substantial sum from the petitioners with the
promise to send them to England. Neither they were sent nor the
amount was returned. As Younis Masih had taken substantial loans
from other persons also and he was unable to repay the debt he
committed suicide on 13.12.2008. A case was registered against the
petitioners by his wife Sunaina on 14.12.2008, in which the
petitioners were granted anticipatory bail by learned Additional
Sessions Judge, Amritsar. Subsequently the petitioners filed
complaint to the police regarding cheating against Sunaina, Victor
Masih her brother and other persons. The matter was investigated by
the police and FIR No. 26 was registered on March 14, 2009. The
anticipatory bail application of all the accused including Sunaina was
dismissed. Sunaina was arrested and was subsequently released on
account of the fact that challan was not presented within a period of
90 days from the date of arrest of the accused. Immediately thereafter
she administered poison to her two minor sons and also consumed
herself. All the three persons having died the present FIR was
registered at the instance of brother of deceased Sunaina namely
Criminal Misc. No. M-23522 of 2009 [ 2]Victor Masih. Though in the FIR it is stated that in the earlier FIR
registered against her, he was arrested and remained in custody, but
submission of learned counsel for the petitioners is that the
petitioners have nothing to do with the suicide of Sunaina and her
two sons as they were pursing their legal remedy by registering FIR
against Sunaina and other accused for the cheating. They cannot be
accused of abetting suicide of Sunaina and her two sons.”
Learned counsel for the State submits that the petitioners have
already joined the investigation.
As there is earlier history of civil as well as criminal litigation
between the parties, when on an earlier occasion also, allegations were made
against the petitioners when the husband of the complainant committed suicide, the
petitioners were granted benefit of anticipatory bail.
Considering the fact and the totality of circumstances, however,
without opining on the merits of the controversy, the interim bail granted to the
petitioners on 26.8.2009 is made absolute.
The petition stands disposed of.
(Rajesh Bindal)
Judge
17.9.2009
mk