IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Criminal Misc. -M No. 33857 of 2008 (O&M) Date of decision : January 07, 2009 Sarbjit Singh and others ....Petitioners versus State of Punjab ....Respondent Coram: Hon'ble Mr. Justice Pritam Pal Present : Mr. SS Siao, Advocate for the petitioners Mr. KD Sachdeva, DAG Punjab Mr. GS Nahel, Advocate for the complainant Pritam Pal,J. (Oral) Petitioners have brought this petition under section 438 of Code of Criminal Procedure seeking anticipatory bail in case FIR No. 143 dated 17.11.2008 under sections 306, 376, 506, 120-B of Indian Penal Code registered at Police Station Sadar Malerkotla District Sangrur. Here in the instant case, Daljeet Kaur since deceased is alleged to have committed suicide on account of having illicit relations of her husband with Amar Kaur one of the petitioners. However, there are other allegations also that one Gora co-accused in this case had also committed rape upon her and when she told that fact to her husband, thereupon he had not taken any step to defend her. Be that as it may, there are no specific allegations in the suicide note against any of the petitioners except petitioner no. 5 – Amar Kaur. Without commenting on the merits of the case, it is directed that in the event of their arrest, all the petitioners except Amar Kaur petitioner no. 5 shall be released on bail to the satisfaction of the Criminal Misc. -M No. 33857 of 2008 (O&M) -2- arresting/investigating officer subject to the following conditions as enumerated under section 438(2) of the Code of Criminal Procedure:- “(i) They shall make themselves available for interrogation by a police officer as and when required; (ii) They shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the Court or to any police officer; and (iii) They shall not leave India without the previous permission of the Court.” The bail application moved on behalf of Amar Kaur petitioner no. 5 is hereby dismissed. Criminal Misc. is disposed of. ( Pritam Pal ) January 07, 2009 Judge 'dalbir'