IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Misc. No. M-5369 of 2009 Date of decision: 20th March, 2009 Manjit Kaur … Petitioner Versus U.T. Chandigarh … Respondent CORAM: HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA Present: Mr. Mukesh Kumar Bhatnagar, Advocate for the petitioner. Mr. G.S. Chahal, Standing Counsel for U.T. Chandigarh. KANWALJIT SINGH AHLUWALIA, J. (ORAL) Present petition has been filed under Section 438 Cr.P.C. seeking grant of anticipatory bail to the petitioner in case FIR No. 293 dated 06.12.2008 registered at Police Station Sector 26, Chandigarh under Sections 406, 498-A IPC. On February 26, 2009, this Court had passed the following order: “Petitioner is stated to be mother-in-law. Counsel further submits that son and husband of the petitioner have already been arrested and released on regular bail. Therefore, the argument that recovery of dowry articles is to be recovered is insignificant as son and husband of the petitioner have been released on regular bail after the police remand was over. Petitioner is an old lady. Issue notice of motion for 20.3.2009. Criminal Misc. No. M-5369 of 2009 Meanwhile, in the event of arrest, petitioner shall be released on interim bail to the satisfaction of the Arresting Officer. Petitioner shall join investigation as and when called for. Petitioner shall also abide by the conditions specified under Section 438(2) Cr.P.C.” Counsel for U.T. Chandigarh has stated that petitioner has joined the investigation on 13th March, 2009. However, recovery of gold ornaments is to be effected. Mr. Aditya Kumar Sharma has caused appearance for the complainant and has stated that besides gold ornaments, other articles like washing machine are also to be recovered. It was noticed by this Court on 26th February, 2009 that son of the petitioner has been arrested and has been released on regular bail. Main beneficiary of dowry articles is husband of the complainant. Therefore, old lady, who is mother-in-law, cannot be sent behind the bars on the failure of investigating agency to recover dowry articles. In view of this, interim bail granted to the petitioner vide order dated February 26, 2009 is made absolute till submission of report under Section 173 Cr.P.C. (challan). Thereafter, petitioner will be permitted to furnish regular bail bonds to the satisfaction of the trial Court. With these observations, present petition is disposed off. [KANWALJIT SINGH AHLUWALIA] JUDGE March 20, 2009 rps 2