IN THE HIGH COURT OF PUNJAB & HARYANA, CHANDIGARH Criminal Miscellaneous No. M-34662 of 2009 Date of Decision: February 10, 2010 Jai Narain Walia & Another .....PETITIONER(S) VERSUS State of Haryana .....RESPONDENT(S) . . . CORAM: HON'BLE MR. JUSTICE AJAI LAMBA PRESENT: - Mr. R.S. Rai, Senior Advocate, with Mr. Karan Pathak, Advocate, for the petitioners. Mr. Tarun Aggarwal, Senior Deputy Advocate General, Haryana, assisted by Mr. P.R. Yadav, Advocate, for the complainant. . . . AJAI LAMBA, J (Oral) This petition has been filed under Section 438 Cr.P.C. for grant of bail to the petitioner in case FIR No.484 dated 26.10.2009 under Sections 498-A, 406 IPC registered with Police Station, Civil Lines, Gurgaon. The petitioners are stated to be mother in law and father in law of complainant, Pritika Walia. It transpires that husband of complainant was arrested and some recoveries have Crl. Misc. No. M-34662 of 2009 [2] been effected. Learned counsel for the respondent- State, on instructions from Hawa Singh, Sub Inspector, states that three cheques were given to petitioner No.1 for sums of Rs.69,300/-; Rs.94,036/-; and Rs.58,436/-. It, however, transpires that the prosecution case is that the amount was given for construction of a house. It would be moot point to be considered as to whether the amount was demanded by way of committing offence, as dowry, or as a loan for construction of the house. Learned counsel for the petitioners contends that a sum of Rs.70,000/- would be deposited with the Illaqa Magistrate within two weeks from today. Considering the concession given on behalf of the petitioners, and also considering the fact that husband was arrested; petitioners are father in law and mother in law of the complainant, this petition is allowed. The equities have been balanced by way of the undertaking given by learned counsel for the petitioners. The petitioners would make a deposit of Rs.70,000/- before the Illaqa Magistrate, within two weeks from today. The said Crl. Misc. No. M-34662 of 2009 [3] amount shall be dealt with by the Trial Court at the time of conclusion of trial. Order dated 8.12.2009 is hereby made absolute and it is directed that in the event of arrest, the petitioners shall be enlarged on bail on furnishing of bail bonds to the satisfaction of the Arresting/Investigating Officer, subject to the following conditions:- “(i) The petitioners shall make themselves available for interrogation as and when required; (ii) The petitioners shall not directly or indirectly make any inducement, threat or promise to any person ac- quainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer; and (iii) The petitioners shall not leave India without the previous permission of the Court.” This order shall enure till 15 days after the filing of final report under Section 173 Cr.P.C. within which period, the petitioners shall be re- quired to seek regular bail. (AJAI LAMBA) February 10, 2010 JUDGE avin 1. To be referred to the Reporters or not? 2. Whether the judgment should be reported in the Digest?