Cr.Misc. NO.M 32910 of 2008 1 IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Cr.Misc. NO.M 32910 of 2008 DATE OF DECISION : 2.2.2008 Savitri Devi ......PETITIONER VERSUS State of Punjab ......RESPONDENT PRESENT: Mr. GS Jagpal, Advocate Ms. Rajni Gupta, DAG, Punjab Mr. RK Singla, Advocate M.M.S.BEDI,J. The petitioner, aged 65 years, apprehends arrest in a case registered at the instance of Mamta Rani wife of Rajinder Kumar, son of the petitioner, alleging that she was maltreated by her husband and the petitioner and she was given beatings by the petitioner she having not fulfilled the demand of Rs.9-10 lacs. Learned counsel for the complainant has vehemently opposed the petition for pre-arrest bail contending that the recoveries are yet to be affected from the petitioner. Learned counsel for the petitioner has read over the allegations in the FIR, wherein it is alleged that 15 tolas of gold and Rs.8000-9000/- of the complainant were stolen and that recoveries are to be affected. I have heard learned counsel for the parties and gone through the police record. The allegations of cruelty are against the husband. So far as the recovery of the dowry articles or jewellery from the petitioner is concerned, it is apparent that it is not the case of prosecution that any Cr.Misc. NO.M 32910 of 2008 2 dowry articles or istri dhan of the complainant has been misappropriated and not returned despite the demand of the complainant but the allegation to the contrary is that the jewellery articles had been stolen. The FIR has not been lodged u/s 379/380 IPC. In view of the contradictory stand of the complainant and the petitioner being an old lady, the concession of pre- arrest bail can be granted to the petitioner as she has already joined the investigation. Accordingly, the petition is allowed and it is ordered that in case of arrest of the petitioner, she will be admitted to bail to the satisfaction of the arresting officer subject to the condition that she will appear before the investigating officer as and when required by the police and will not tamper with evidence or hamper the investigation at any stage. This order will remain operative till the presentation of challan. In case the prosecution opts to present challan against the petitioner, the petitioner will be required to furnish regular bail bonds to the satisfaction of the court of competent jurisdiction. February 2 ,2008 ( M.M.S.BEDI ) TSM JUDGE