In the High Court of Punjab and Haryana at Chandigarh Crl. Misc. No. M-33382 of 2008 Date of Decision:21-01-2009 Inder Kaur alia Balwinder Kaur and others ---Petitioner versus State of Punjab and other ---Respondent Coram: HON'BLE MS. JUSTICE SABINA Present: Mr. S.S.Deol,Advocate, for the petitioner Mr. Aman Deep Singh Rai, AAG, Punjab Mrs. Jagdeep Bains. Advocate, for respondent No. 2 SABINA, J.(Oral) Petitioners have filed this petition under Section 438 of the Code of Criminal Procedure for grant of anticipatory bail in complaint case titled 'Parkash Kaur vs. Sukhdev Singh and others' under Sections 302, 364, 148, 149 of the Indian Penal Code, pending in the Court of Sh. S.S.Panesar, Chief Judicial Magistrate, Tarn Taran in which the petitioners have been summoned to face trial. Rajwinder Singh-petitioner filed a suit for recovery against respondent No. 2 and others. The judgment passed in the said civil suit is dated 2.8.2008 (Annexure P-9). A perusal of the same reveals that while deciding issue No. 2, it was held that there was evidence on record that Sukhwinder Kaur had died in a road side accident. Sukhwinder Kaur has earlier lodged an FIR No. 119 dated 5.4.2000 against all the petitioners and 7 other accused under Section 494, 498A IPC, registered at Police Crl. Misc. No. M-33382 of 2008 -2- Station Goindwal, District Tarn Taran. A perusal of the judgment dated 10.7.2008 (Annexure P-10) reveals that accused were acquitted by the learned Judicial Magistrate Ist Class, Tarn Taran. Learned counsel for the petitioners has submitted that although in the earlier litigation complainant-respondent No. 2 had herself alleged that the deceased had died in a road accident. Now a false complaint has been instituted by respondent No. 2 against petitioners under Section 302, 364 148, 149 IPC. Learned State counsel and learned counsel for respondent No. 2 has opposed the bail application. The fact that whether Sukhwinder Kaur-deceased had died in a road side accident or had been murdered by the petitioners in connivance with each other, would be more appropriately gone into and considered during trial. Keeping in view the submissions made by learned counsel for the petitioners, petitioners are liable to be released on bail. Petitioners are directed to surrender before the trial court on or before 31.1.2009 and the trial court shall release the petitioners on bail subject to its satisfaction. Petition stands disposed of accordingly. (SABINA) JUDGE January 21, 2009 PARAMJIT