CRM-M No.31506 of 2011(O&M) ::1:: IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M No.31506 of 2011 (O&M) Date of decision : 14.12.2011 Jaspal Kaur and another ...... Petitioners v. Harbans Singh and another ...... Respondents *** CORAM : HON'BLE MR.JUSTICE AJAY TEWARI *** Present : Mr. P.S. Sekhon, Advocate for the petitioners. Mr. Anil Chaudhary, Advocate for respondent No.1. Mr. S.S. Gill, D.A.G., Punjab. *** AJAY TEWARI, J. (Oral) This petition has been filed under Section 438 Cr.P.C. for grant of anticipatory bail to the petitioners in complaint case No.1 of 21.01.2009 under Sections 302, 364, 120-B, 34 IPC pending in the Court of learned Judicial Magistrate, Ist Class, Dhuri. On 17.10.2011 the following contention was noticed:- “Learned counsel for the petitioners has argued that in respect to the same occurrence, apart from the present complaint the complainant had filed a civil suit for compensation and the civil Court had disbelieved the allegation that the CRM-M No.31506 of 2011(O&M) ::2:: petitioners had murdered the deceased. Once that is so, as per learned counsel the question of criminal liability would not arise.” Today learned counsel for respondent No.1-complainant as well as learned Deputy Advocate General have accepted the factual assertion that a civil suit was indeed filed which was dismissed, though they have argued that this would not have an automatic result in absolving the petitioners from criminal liability. In the considered opinion of this Court, that may be so but in any case at this stage there is a doubt the benefit of which must go to the petitioners. In this view of the matter, I deem it appropriate to allow the petition. Ordered accordingly. Let the petitioners appear before the learned trial Court who shall release them on bail to its satisfaction. ( AJAY TEWARI ) December 14, 2011 JUDGE ashish