In the High Court of Punjab and Haryana at Chandigarh ...... Criminal Misc. No.M-719 of 2009 ..... Date of decision:31.3.2009 Geeta Rani and another .....Petitioners v. State of Punjab .....Respondent .... Present: Mr. Amitoj Singh Dhaliwal, Advocate for the petitioners. Mr. Sudhir Nehra, Additional Advocate General, Punjab for the respondent-State. Mr. P.S. Brar, Advocate for the complainant. ..... S.S. Saron, J. Heard learned counsel for the parties. The petitioners, who are the mother-in-law and wife respectively of Kuldeep Singh, seek regular bail. The FIR has been registered on the statement of Mahender Singh, the father of Kuldeep Singh (deceased). It is alleged that Kuldeep Singh his son was married 1½ years earlier to Meenu (petitioner No.2). His son used to live with his in-laws and occasionally visit him. On 8.6.2007, his son came with his wife and stayed with him. Kuldeep Singh demanded his share in the house which was sold by the complainant. Because of this reason, there had been arguments between them. On 9.6.2007, at around 3.00 p.m. Kuldeep Singh, the son of the complainant came to him and asked for his share. The complainant gave Rs.30,000/- as his share and he took that money with him and went to his in-laws. On 9.6.2007 at 7.00 p.m., the Cr. Misc. No.M-719/2009 [2] complainant came to know that his son was lying unconscious at Bohana Chowk near storm water drain (Same Nala). Then the complainant along with Baldev Singh and Kewal Singh went to the storm water drain where Kuldeep Singh was lying in the open space on the road approaching Hargobind Nagar. He was taken to Civil Hospital, Moga where he was declared dead. On the said day, Kuldeep Singh had come from the house of his in-laws on rickshaw of Darshan Singh. On 10.6.2007, the complainant gave a statement to ASI Joginder Singh and proceedings under Section 174 Cr.P.C. were completed by the Police. It is thereafter that inquiry was made by the complainant and he was convinced that his son Kuldeep Singh had been killed by his in-laws i.e. the petitioners and also Prem Kumar, the father-in-law and Veerpal Kumar alias Gora, the brother-in-law of Kuldeep Singh. All of them had conspired and killed his son by giving him poison. It may be noticed that the occurrence is of 9.6.2007 and the FIR has been registered on 26.8.2008 i.e. after more than one year of the occurrence. The Chemical Examiner's report was received on 26.7.2007 according to which the poison was detected in the viscera. Kuldeep Singh is said to have made an oral dying declaration to the rickshaw puller Darshan Singh son of Kulwant Singh that he had been poisoned by his in- laws. The said statement has also been recorded on 26.8.2008 i.e. after more than one year of the occurrence. The question whether the petitioners are indeed involved in committing the murder of Kuldeep Singh (deceased) is to be gone into and considered by the trial Court after evidence has been led. Both the petitioners are ladies and have been in custody since 26.8.2008. In the trial only the evidence of doctor has been recorded. Learned counsel for the petitioner has submitted that warrants Cr. Misc. No.M-719/2009 [3] of arrest have been issued for procuring the presence of other witnesses as despite being summoned, they are not appearing in the trial. Therefore, the trial in the case may be delayed further. Keeping in view the facts and circumstances and the fact that the FIR has been registered after more than one year of the occurrence, it would be just and expedient that the petitioners are granted the concession of bail. Accordingly, the criminal miscellaneous petition is allowed and the petitioners on their furnishing personal bonds and surety each to the satisfaction of learned Chief Judicial Magistrate, Moga shall be admitted to bail. Nothing stated herein shall be construed as an expression of opinion on the merits of the case and the learned trial Court shall consider the case on the basis of evidence and material produced before it. March 31, 2009. (S.S. Saron) Judge *hsp*