Crl. Misc. -M No. 30935 of 2011 -1- IN THE PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH Crl. Misc. -M No. 30935 of 2011 (O&M) Date of Decision: 19.10.2011 Kamaljit Kaur and another ..Petitioners. Vs. State of U.T., Chandigarh ..Respondent. CORAM: HON'BLE MR. JUSTICE RAJESH BINDAL Present : Mr. Gagneshwar Walia, Advocate for the petitioners. Mr. D.D. Sharma, Advocate for UT Chandigarh. RAJESH BINDAL, J. Prayer in the present petition is for grant of pre arrest bail to the petitioners, who are mother-in-law and unmarried brother-in-law (Devar) of the deceased. Learned counsel for the petitioners referred to the statement of father-in-law of the deceased made before the police on 15.6.2011 prior to the incident in question where he stated that his wife, namely, petitioner No.1, his elder son Surjit Singh, his wife Deepika and younger son Narinder Singh (petitioner No.2) are living separately in Flat No.2283/3, Sector 45-C, Chandigarh whereas he was residing with his other son Lakhwinder Singh and his wife at House No.2333, Sector 45-C, Chandigarh. He further referred to the order passed in Criminal Misc. -M No. 23952 of 2011 passed in the case of Surjit Singh, married brother-in-law (Jeth) of the deceased where after noticing the aforesaid facts, pre-arrest bail was granted to him. The submission is that once the petitioners were living separate from the family of Lakhwinder Singh, whose wife died, they cannot be blamed for the same. They have been falsely implicated. Learned counsel for UT Chandigarh did not dispute the aforesaid facts and stated that prior to the incident in question, wife/petitioner No.1 had made a complaint to the police in pursuance thereto, statement of her husband Kewal Ram was recorded on 15.6.2011 Crl. Misc. -M No. 30935 of 2011 -2- stating the manner in which members of the family were living separately. After hearing the learned counsel for the parties and considering the submissions made above where it has been shown that the petitioners were living separate from the family of Lakhwinder Singh, whose wife had died, in my opinion, they are not required to be taken into custody for interrogation. They shall appear before the Investigating Officer on 3.11.2011 at 10.00 A.M. for joining investigation. In case of arrest, they shall be released on furnishing of bail bonds to the satisfaction of the Arresting/Investigating Officer. They shall appear before the Investigating Officer as and when called upon for further investigation. They shall also be bound by all the conditions as contained in Section 438(2) Cr.P.C. The petition stands disposed of. ( Rajesh Bindal ) 19.10.2011 Judge Meenu