IN THE HIGH COURT OF PUNJAB & HARYANA, CHANDIGARH Criminal Miscellaneous No. M-24401 of 2008 Date of Decision: November 19, 2008 Raj Kaur @ Sukhraj Kaur & Another .....PETITIONER(S) VERSUS Gurmeet Kaur .....RESPONDENT(S) . . . CORAM: HON'BLE MR. JUSTICE AJAI LAMBA PRESENT: - Mr. K.S. Kahlon, Advocate, for the petitioners. Mr. K.S. Sidhu, Deputy Advocate General, Punjab. . . . AJAI LAMBA, J (Oral) While issuing notice of motion, the following has been noticed:- “This petition has been filed under Section 438 Cr.P.C. for grant of anticipatory bail in complaint case titled „Gurmeet Kaur vs. Balkar Singh & Others‟ wherein the petitioners have been summoned to stand trial for commission of offences under Section(s) 304/34 IPC by the Chief Judicial Magistrate, Gurdaspur, vide Order, Annexure P-2. Contention of learned counsel is that for an incident of 16.2.2006, a complaint was filed on 13.3.2006. The petitioners have been summoned vide Order dated 20.12.2007. Learned counsel has pointed out that FIR in regard to same incident was lodged. The allegations in the FIR are discrepant in regard to the material facts vis- a-vis the complaint case in which the petitioners seek bail. While in the FIR, petitioner No.2, Balkar Singh has been ascribed the role of giving push to the deceased, in the complaint case, he has been shown armed with Mori and giving a blow with it. The entire story stands falsified. Perusal of the post mortem report indicates death on account of Myocardial Infarction. No injury Crl. Misc. No. M-24401 of 2008 [2] was detected on the person of the deceased. Under these circumstances, the FIR was cancelled.” Learned counsel for the petitioners contends that in deference to order dated 30.9.2008, the petitioners have put in appearance. The petitioners have been released on bail on furnishing of bail bonds in the sum of Rs.1 lac with one surety in the like amount each. Considering the facts and circumstances of the case noticed above, this petition is allowed. (AJAI LAMBA) November 19, 2008 JUDGE avin