1 IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA Cr.M.P.(M) No. 851 of 2011. Date of decision: 02.11.2011. Dhanna Singh & anr. ......Petitioners. Versus State of H.P. ......Respondent. Coram The Hon’ble Mr. Justice Kuldip Singh, Judge. Whether approved for reporting ?1 No For the Petitioners : Mr. N.K.Thakur, Advocate. For the Respondent : Ms. Ruma Kaushik, Additional Advocate General. Kuldip Singh ,Judge( Oral). This is an application under Section 439 Cr.P.C. for releasing the petitioners on bail in FIR No.127/2011 dated 02.06.2011, registered at Police Station Haroli, under Sections 306, 34 IPC. The status report filed and the same has been perused. 2. It has been alleged that Sukh Dev Rai son of petitioner No.1 and brother of petitioner No.2 committed suicide by consuming some poisonous substance on 02.06.2011. The report to this effect was lodged by Smt. Rita Devi wife of the deceased. It has been alleged that Sukh Dev Rai was working in Kangra Central Co-operative Bank, Panjawar and had raised a loan of `3,50,000/-. He had spent some amount on the construction of the house and some amount on the marriage of his brother Jaswinder Rai, petitioner No.2. Sukh Dev Rai used to be rebuked by the petitioners as well as by Smt. Kamlesh 1 Whether reporters of Local Papers may be allowed to see the Judgment ? Yes 2 Kumari and Smt. Susheel Kumari co-accused. The police also found a suicide note allegedly written by deceased affirming torture and tension caused by the petitioners and others. On these allegations,the case was registered. 3. The two women co-accused have been released by this Court on bail vide order dated 24.08.2011 passed in Cr.M.P.(M) Nos. 624 and 631 of 2011, but the bail applications of the petitioners were rejected. 4. After the dismissal of the bail applications on 24.08.2011, challan has been submitted in the Court and even charges have been framed by learned Additional Sessions Judge, Una, on 03.10.2011. The petitioners and co-accused have been charged under Sections 306,34 IPC. 5. Petitioner No.1 is 67 years old and suffering from many ailments. Petitioner No.2 is also in jail and , therefore, there is nobody to look after the affairs of the family. The petitioners are innocent. It has been submitted that petitioners are ready to furnish bail bonds in accordance with the directions of the Court. No purpose will be served by detaining the petitioners for indefinite period. 6. The bail application has been opposed on the basis of status report. It has been submitted that bail applications of the petitioners were rejected by this Court on 24.08.2011. The challan was submitted on 12.08.2011 and now after framing of the charges, the case has been fixed for prosecution evidence on 05.01.2012 to 07.01.2012. It has been stated that there is no change of circumstance after the order dated 24.08.2011. 3 7. In the order dated 24.08.2011, it has been observed that the challan has been filed. In the alleged suicide note dated 31.05.2011, the deceased has blamed petitioners as well as Susheel Kumari and Kamlesh Kumari. Susheel Kumari and Kamlesh Kumari have been released on bail by giving them benefit of being women. There is no change of circumstance after the order dated 24.08.2011 for releasing the petitioners on bail. The ailment,if any, of the petitioner No.1 shall be taken care by the jail Authorities by providing him proper medical aid, if required. There is no merit in the petition. Accordingly, the petition is dismissed. 8. The observations made in the judgment are for the disposal of the bail application and shall not be construed as an expression of opinion on the merits of the case. ( Kuldip Singh ), Judge. November 2, 2011. (Krt)