Crl.M. No. M-18655 of 2010 -1- IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH 1) Crl.M. No. M-18655 of 2010 (O&M) Date of decision : 25.1.2011 ... Gajraj Singh and others ................Petitioners vs. State of Haryana .................Respondent 2) Crl.M. No. M-20446 of 2010 (O&M) ... Vivek Kumar @ Ramesh ................Petitioner vs. State of Haryana .................Respondent Coram: Hon'ble Mr. Justice K.C. Puri Present: Sh. J.S. Bedi, Advocate for the petitioners Sh. P.M. Anand, Additional Advocate General, Haryana. Sh. B.S. Tewatia, Advocate for the complainant. ... K.C. Puri, J. Vide this order, I intend to dispose of Crl.M.Nos. M-18655 of 2010 and M-20446 of 2010 as both the petitions arise out of same FIR. Petitioners in both the petitions have applied for grant of anticipatory bail in FIR No. 195 dated 7.4.2010 under Sections 498- Crl.M. No. M-18655 of 2010 -2- A, 304-B IPC (later converted into Section 302 IPC), registered at Police Station Ballabhgarh, District Faridabad. Learned State counsel, on instructions from ASI Vijay Singh, has stated at the Bar that offence is under Section 498-A only. Initially, the case was registered under Section 304-B IPC also. However, the marriage was more than 7 years and therefore offence under Section 302 IPC was added. However, learned State counsel has stated at the Bar that there was no external injury and the deceased was suffering from heart disease from the very beginning and cause of death is not the injury but myocarditis and on that account Section 302 IPC has been deleted. Arrest of the petitioners has been stayed by this Court vide order dated 14.7.2010 in Crl.M.No. M-18655 of 2010. Reply has been filed by the State, in which it is mentioned that report of PGIMS, Rohtak, shows that in the opinion of the Board of doctors cause of death is acute congestive cardiac failure due to myocarditis. It has been further clarified by the Board of Doctors that the said death is not due to injuries. So, in these circumstances, in view of reply and since the offence is only under Section 498-A IPC, in the event of arrest, the petitioners are ordered to be released on bail to the satisfaction of SHO/Investigating Officer on the following conditions as envisaged under Section 438(2) Cr.P.C.:- i) that they shall make themselves available for interrogation by a police officer, as and when required; Crl.M. No. M-18655 of 2010 -3- ii)that they shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of this case so as to dissuade him from disclosing such facts to the Court or to any police officer; and iii)that they shall not leave India without prior permission of the Court. ( K.C. Puri ) 25.1.2011 Judge chugh