Criminal Misc. No. M-20051 of 2008 1 In the High Court of Punjab and Haryana, at Chandigarh. Criminal Misc. No. M-20051 of 2008 Date of Decision: 22.8.2008 Neelam and Others …Petitioners Versus State of Punjab and Others …Respondents CORAM: HON’BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA. Present: Mr. Harinder Kumar Aurora, Advocate for the petitioner. Mr. P.S.Bajwa, Assistant Advocate General, Punjab, for the respondent-State. Kanwaljit Singh Ahluwalia, J. (Oral) On 11.8.2008, this Court had passed the following order:- Counsel for the petitioners contends that petitioners are the sisters of the husband. Counsel further submits that they were married prior to the marriage of the deceased with their brother Parvesh Kumar. Counsel for the petitioners has drawn my attention to para 5 of the petition to state that the marriage of the petitioner was performed between year 1982 to year 1990. Counsel further states that marriage of deceased with Parvesh Kumar was ten years old, therefore, Section 113A of the Indian Evidence Act is not available to prosecution to Criminal Misc. No. M-20051 of 2008 2 substantiate offence under Section 306 IPC. Issue notice of motion t for 22.8.2008.. Meanwhile, in the event of arrest, petitioners shall be released on interim bail to the satisfaction of the Arresting Officer. Petitioners shall join investigation as and when called for. Petitioners shall also abide by the conditions specified under Section 438(2) Cr.P.C. The very fact that the whole family and six sisters of the husband who were married much prior to the marriage of the deceased wife have been made accused, is sufficient to infer that complainant- wife has widened the net too far. Therefore, no custodial interrogation is not required, especially when marriage was ten years old. Counsel has also relied upon affidavits (Annexures P8 and P9) given by mother and father of deceased, respectively. For the reasons given in order dated 11.8.2008, pre-arrest bail granted to the petitioners vide order dated 11.8.2008 is made absolute till the submission of report under Section 173 Cr.P.C. (Challan). Thereafter the petitioners shall file application for regular bail and the same shall be decided on merits. Petition stands disposed off. (Kanwaljit Singh Ahluwalia) Judge August 22, 2008 “DK”