Crl. Misc. No.M-18709 of 2011 [1] IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. Crl. Misc. No. M-18709 of 2011 Date of Decision: September 12, 2011 Gurnam Singh …..Petitioner Vs. State of Punjab …..Respondent CORAM: HON’BLE MR. JUSTICE M.M.S. BEDI. -.- Present:- Proxy counsel for the petitioner. Mr. Arshvinder Singh, Addl.A.G., Punjab. -.- M.M.S. BEDI, J. (ORAL) Petitioner seeks concession of pre-arrest bail in a case registered at the instance of Duni Chand alleging that his daughter Pushpa was married to Surjit Singh who committed suicide on account of harassment metted out by Surjit Singh. So far as the allegation against the petitioner is concerned, he is the real brother of Surjit Singh. He in connivance with Surjit Singh had allegedly cremated the deceased without informing the complainant. Crl. Misc. No.M-18709 of 2011 [2] A perusal of the FIR indicates that the main allegation of abetment and harassment are against Surjit Singh. There are no allegations of harassment against the petitioner. It will be debatable during trial whether the cremation of the deceased by her husband in connivance with the petitioner would attract offence under Section 306 IPC. At the most, the offence under Section 201 IPC can be attributed to the petitioner. The petitioner has already joined investigation. The petitioner could be convicted for offence under Section 201 IPC only after the prosecution proves the following necessary ingredients: - “i) commission of an offence; ii) person charged with an offence under Section 201 IPC must have the knowledge or reasons to believe that offence has been committed; iii) person charged with the said offence should have caused disappearance of evidence; and iv) the act should have been done with the intention of screening the offender from legal punishment; and there has to be cogent evidence to prove the abovesaid ingredients. It will be debatable during trial whether the abovesaid offence has been committed by the petitioner. Petitioner having already joined investigation, it does not appear to be case of custodial interrogation. Crl. Misc. No.M-18709 of 2011 [3] Petition is allowed. Interim order dated June 10, 2011 is hereby made absolute subject to all the conditions under Section 438 (2) Cr.P.C. September 12, 2011 (M.M.S.BEDI) sanjay JUDGE