Criminal Misc. No. M- 5018 of 2009 1 In the High Court of Punjab and Haryana, at Chandigarh. Criminal Misc. No. M- 5018 of 2009 Date of Decision: 2.4.2009 Harminder Singh and Another …Petitioners Versus State of Punjab …Respondent CORAM: HON’BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA. Present: Mr. Veneet Sharma, Advocate for the petitioners. Mr. Mehardeep Singh, Assistant Advocate General, Punjab, for the State. Mr. Onkar Singh Batalvi, Advocate for the complainant. Kanwaljit Singh Ahluwalia, J. (Oral) The present petition has been preferred under Section 438 Cr.P.C. seeking pre-arrest bail to the petitioners in case FIR No. 2 dated 10.1.2009 Police Station S.G.N. Dev Thermal Plant, Bathinda, under Sections 406 & 498-A IPC. On 20.2.2009, this Court had passed the following order:- “Counsel submits that petitioner No.1 is brother of husband of the complainant. He was married on 1st December 2001 and his marriage was prior to the marriage of the brother of the petitioner Criminal Misc. No. M- 5018 of 2009 2 No.1, who is married with the complainant. Petitioner No.2 is mother of the husband of the complainant and is aged 64 years. Issue notice of motion for 6th March, 2009. In the event of arrest, petitioners shall be released on interim bail to the satisfaction of the arresting officer. However, petitioners shall join investigation as and when called for. Petitioners shall abide by the conditions specified under Section 438 (2) Cr.P.C.” Sukhwinder Singh, husband of the aggrieved wife has surrendered and is in custody. Mr. Mehardeep Singh, Assistant Advocate General, Punjab, appearing for the State, on instructions from Baljit Singh, Head Constable, stated that petitioners have joined investigation but gold articles are to be recovered. Mr. Onkar Singh Batalvi, Advocate, appearing for the complainant, has submitted that gold ornaments were allegedly sold by the petitioners. Husband of the complainant is in custody of the police. Police may obtain his police remand for recovery of the articles. Taking relationship of the petitioners and old age of petitioner No.2, no case of custodial interrogation is made out. Hence, order dated 20.2.2009, passed by this Court, interim pre-arrest bail granted to the petitioners is affirmed till filing of the report under Section 173 Cr.P.C. On submission of report under Section 173 Criminal Misc. No. M- 5018 of 2009 3 Cr.P.C. petitioners shall furnish regular bail-bonds to the satisfaction of the Court concerned. With the observations made above, the present petition is disposed off. (Kanwaljit Singh Ahluwalia) Judge April 2, 2009 “DK”