Criminal Misc. No. M-25036 of 2011 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Misc. No. M-25036 of 2011 Date of decision : 29.09.2011 Paramjit @ Luggar and another ....Petitioners V/s State of Punjab ....Respondent BEFORE : HON'BLE MR. JUSTICE RAJAN GUPTA Present: Mr. K.S. Hissowal, Advocate for the petitioners. Mr. Rajesh Bhardwaj, Addl. Advocate General, Punjab. RAJAN GUPTA J. (ORAL) This is a petition under section 438 Cr.P.C. seeking pre-arrest bail in a case registered against the petitioners vide FIR No. 11 dated 19.01.2011 under sections 306/506/34 IPC at police station Phillaur, District Jalandhar. Learned counsel for the petitioners submits that petitioners have no role to play in the commission of crime. He submits that petitioners were not residing with the family of Manga who is stated to have eloped with wife of the deceased. Thus their complicity in the crime is not made out. Learned State counsel has opposed the prayer for bail. He submits that a similar petition (Criminal Misc. No. M-4908 of 2011) preferred by the petitioners earlier was dismissed by a detailed order passed by this court on March 28, 2011 (Annexure P-5). According to him, there is no change of circumstance thereafter to entitle the petitioners to move Criminal Misc. No. M-25036 of 2011 2 afresh. He further submits that name of the petitioners figure in the suicide note and there are clear cut allegations that they were threatening the deceased before he committed suicide. According to him, the petitioners did not submit before the investigating agency after their petition was dismissed by this court on March 28, 2011 and proclamation proceedings were initiated against them. Heard. It is evident that earlier the petitioners have moved a similar petition which was dismissed by this court on March 28, 2011 with the following observations:- “A complaint was submitted by Bablu Kumar Banotra to the police on 19.01.2011 alleging that his father namely Kimiti Lal who was working as post man in the post office had committed suicide due to harassment meted out to him by the accused-petitioner. He alleged that on December 11, 2010 one Manga s/o Gulzari Lal had enticed his mother and eloped with her on December 11, 2010 and when she did not returned, father of the complainant was very upset. Manga was extending threats on phone (mobile No. 98143-29391). The father of Manga namely Gulzari Lal even went to the extent of saying that mother of the complainant had become their daughter in law and thus their house be transferred in their name. Similar role was played by petitioners No. 2 & 3. On 18.01.2011 Gulzari Lal had come to the house of complainant at about 10.00 a.m. and threatened his father that he should vacate his house. On 19.01.2011 when the complainant got up in the morning at about 8.00 a.m., he found his father had hanged himself from the ceiling by a plastic rope. Suicide note was found near the dead body. He attributed clear cut role to the petitioners in harassing and humiliating him. Later the investigating agency also recorded the statement of Ashwani Kumar in whose presence threats were extended. Criminal Misc. No. M-25036 of 2011 3 In view of the statements of complainant and Ashwani Kumar recorded by the investigating agency and the suicide note, I am of the considered view that petitioners are not entitled to the concession of pre-arrest bail.” Learned counsel for the petitioners has not been able to point out any change of circumstance thereafter which may entitled the petitioners to prefer a fresh petition seeking same relief. It is evident that names of the petitioners have figured in the investigation and they are required by the investigating agency. The petitioners have evaded the process of law for a sufficiently long time. The present petition is thus devoid of merit and is hereby dismissed. September 29, 2011 (RAJAN GUPTA) Ajay JUDGE