Cr.Misc. M 19571 M of 2010 1 IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYNA AT CHANDIGARH. Cr.Misc. M 19571 M of 2010 Date of decision:24.8.2010 Ashok Kumar Arora and another Petitioner vs. State of Punjab Respondent Present: Mr. PBS Goraya, Advocate. Mr. Abhishek Chautala, AAG, Pb Mr. Gurmeet Singh, Advocate. M.M.S.BEDI,J. The petitioners seek the concession of pre-arrest bail in a case, registered at the instance of Anuradha wife of Ashwani Arora, son of the petitioners. As per the allegations in the FIR, the petitioners and their son had maltreated the complainant and retained the dowry articles. Learned counsel for the petitioner has submitted that the son of the petitioner was arrested and he has been granted the concession of regular bail. A divorce petition has been filed by Ashwani Arora against the complainant. A copy of the divorce petition has been placed on record as Annexure P-1. The petition has been opposed by the counsel for the complainant and the State counsel inter alia on the ground that when the son of the petitioners was arrested, he had made a statement during the period of police remand that all the dowry articles are lying with the petitioners. I have heard learned counsel for the parties and gone through the facts and circumstances of this case. The petitioners have connived with their son in levelling allegations of adultery against the complainant. Cr.Misc. M 19571 M of 2010 2 The chances of any amicable settlement are remote. The gold ornaments are yet to be recovered and the petitioners are residents of Calcutta. The liberty can be misused by the petitioners in preventing the investigating agency to effect recoveries. Striking a balance between the rights of the complainant and the petitioners, I deem it appropriate, without expression of any opinion regarding the value of the articles, which are yet to be recovered, to grant the concession of pre-arrest bail to the petitioners as they have already joined the investigation, in the following terms:- 1) The petitioners, in case of arrest, will be released on bail by the investigating officer subject to the condition that they will join the investigation as and when required by the police. 2) They will not tamper with evidence or hamper the investigation, in any manner. They will deposit a sum of Rs.1.5 lacs in lieu of the articles, which are yet to be recovered within a period of one month, in the shape bank draft in the name of the complainant Anuradha. The said bank draft will be handed over by the investigating officer to the complainant without prejudice to the rights of the parties, to be adjudicated upon finally in civil or criminal proceedings. 3) The petitioners will be required to furnish fresh bail bonds to the satisfaction of the court concerned at the time of presentation of challan. In case of violation of any of the conditions, it will be open to the complainant or the prosecution agency to seek cancellation of bail. Disposed of. August 24 ,2010 ( M.M.S.BEDI ) TSM JUDGE