Gina Devi And Another vs State Of Haryana on 20 April, 2009

Criminal Misc. No. M-8461 of 2009                                    1




     In the High Court of Punjab and Haryana, at Chandigarh.


                   Criminal Misc. No. M-8461 of 2009

                     Date of Decision: 20.4.2009


Gina Devi and Another
                                                          ...Petitioners
                                  Versus
State of Haryana
                                                        ...Respondent


CORAM: HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA.


Present: Mr. Jagjeet Beniwal, Advocate
         for the petitioners.

         Mr. S.S. Mor, Senior Deputy Advocate
         General, Haryana, for the State.

         Mr. Tara Chand Dhanwal, Advocate
         for the complainant.


Kanwaljit Singh Ahluwalia, J. (Oral)

The present petition has been preferred under Section 438

Cr.P.C. seeking pre-arrest bail to the petitioners in case FIR No.11

dated 1.2.2009 registered at Police Station Siwani, under Sections 307,

498-A, 323, 342, 406 & 506 IPC.

On 26.3.2009, this Court had passed the following order:-

“Counsel has submitted that petitioner

No.1 is mother-in-law, whereas petitioner No.2 is

younger brother of husband of the complainant.

Counsel has further submitted that this is a
Criminal Misc. No. M-8461 of 2009 2

matrimonial dispute. It has been stated that there is

no medical evidence or opinion to corroborate the

allegations falling within the ambit of Section 307

IPC.

Issue notice of motion for 15th April 2009.

In the event of arrest, petitioners will be

released on interim bail to the satisfaction of the

arresting officer. However, petitioners will join

investigation as and when called for. Petitioners will

abide by the conditions specified under Section 438

(2) Cr.P.C.”

Thereafter, counsel for the complainant made a prayer that

efforts should be made to resolve the dispute amicably.

Today, counsel for the parties have made efforts to resolve the

dispute amicably but the same could not fructify.

Mr. Mor, on instructions from Ram Mehar, Inspector, has

stated that Suresh, husband of the complainant and Balbir Singh, father-

in-law were arrested. After period of their police remand was over, they

were released on regular bail. It is further submitted that other four

accused have obtained anticipatory bail. Mr. Mor has further stated that

the petitioners have joined investigation and their custodial interrogation

is not required.

Counsel for the complainant has submitted that the rope which

was used to strangulate the complainant has not been recovered.

Since the Investigating Agency do not require custodial

interrogation of the petitioners, interim pre-arrest bail granted to the
Criminal Misc. No. M-8461 of 2009 3

petitioners vide order dated 26.3.2009 is affirmed till filing of the report

under Section 173 Cr.P.C. On submission of report under Section 173

Cr.P.C. petitioners shall furnish regular bail-bonds to the satisfaction of

the Court concerned.

With the observations made above, the present petition is

disposed off.

(Kanwaljit Singh Ahluwalia)
Judge
April 20, 2009
“DK”