CRM NO. M-30576 OF 2010 (O&M) -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM NO. M-30576 OF 2010 (O&M) DECIDED ON : 20.01.2011 Taruna Chaudhary ...Petitioner versus C.B.I ...Respondent A N D CRM NO. M-33351 OF 2010 Mohan Lal Chaudhary ...Petitioner versus C.B.I ...Respondent CORAM : HON'BLE MR. JUSTICE K. C. PURI Present : Mr. A. P. S. Deol, Senior Advocate with Mr. D. B. Singh, Advocate, for the petitioner. Mr. Sukhdeep Singh Sandhu, Advocate, for CBI. K. C. PURI, J. (ORAL) By this common order, I intend to dispose of two petitions bearing Crl. Misc. No. M-30576 of 2010 titled as, “Taruna Chaudhary vs. C.B.I” for regular bail filed by Taruna Chaudhary and Crl. Misc. No. 33351 of 2010 titled as, “Mohan Lal Chaudhary vs. C.B.I” for interim bail filed by Mohan Lal CRM NO. M-30576 OF 2010 (O&M) -2- Choudhary in case FIR No. RC No.09(5)2008/ SCB/ Chandigarh dated 17.06.2008 under Sections 306/34 IPC registered at Police Station Special Crime Branch, CBI, Chandigarh. Briefly stated on 06.06.2003, Mohan Lal father of Taruna got registered D.D.R in which it was mentioned that on 06.06.2003 at about 10:00 P.M, he along with his family i.e wife namely Santosh and daughter Taruna was preparing to go to sleep in a room of his Kothi. Prior to that his servant namely Raju @ Chhotu had locked the main gate of the Kothi from inside and had handed over the keys to him. In the meantime, something struck on the window pane of his room. They all went downstairs and went to that spot and found that Sunil Kumar (deceased)- husband of Taruna was holding glass piece in his hand and was saying that he would kill them and would die himself. Within their sight, he gave 2-3 blows with the glass piece on his neck. He was removed to hospital but later on he died. Father of deceased Sunil Kumar, namely Ram Kishan, was not satisfied and he knocked the doors of this Court by filing a writ petition and at the instance of this Court, ultimately charge under Section 306 IPC was framed against Taruna and her parents on the basis of his statement. He has stated that due to bad behaviour of Taruna and her parents, his son Sunil Kumar has committed suicide. He has further alleged that the petitioner Taruna along with her parents abetted suicide. CRM NO. M-30576 OF 2010 (O&M) -3- Mohan Lal-petitioner and his wife Santosh Chaudhary have filed application for grant of anticipatory bail which was dismissed by this Court vide order dated 18.02.2010 passed in Crl. Misc. No. M-16031 of 2010. Both of them approached the Hon'ble Apex Court for grant of bail. Bail application of Santosh Chaudhary was accepted by the Hon'ble Apex Court vide Crl. Appeal No. 1824 of 2010. However, bail petition qua Mohan Lal was dismissed vide order dated 25.08.2010 passed by the Hon'ble Apex Court in Special Leave to Appeal No. 17537 of 2010. Now Taruna Chaudhary wd/o Sunil Kumar has applied for grant of regular bail. Learned Senior counsel Mr. A. P. S. Deol, Advocate has submitted that the petitioner-Taruna Chaudhary is in custody since 06.01.2010 i.e more than one year. There are general allegations against the petitioner. So she is entitled to concession of bail. I have carefully considered the said submissions but do not find submissions in the same. Petitioner-Taruna Chaudhary is the main accused in the case. The application for grant of bail of Mohan Lal has been declined by this Court. The said order has been confirmed by the Hon'ble Apex Court vide order dated 25.08.2010, referred to above. So, in my view the petitioner-Taruna Chaudhary is not entitled to concession of bail. CRM NO. M-30576 OF 2010 (O&M) -4- Consequently, the bail petition qua petitioner-Taruna Chaudhary stands dismissed. So far as petition of Mohan Lal for grant of interim bail on the ground of illness is concerned, in my view the same also deserves to be dismissed. The medical evidence produced on record relates prior to 25.08.2010 i.e the date of order passed by the Hon'ble Apex Court dismissing his bail petition. The record produced on the file does not make out a case for grant of interim bail to Mohan Lal-petitioner. Consequently, the interim bail petition qua Mohan Lal- petitioner also stands dismissed. JANUARY 20, 2011 (K. C. PURI) shalini JUDGE