IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl.Misc.No.M-34566 of 2010 DATE OF DECISION: January 10, 2011 Karamjit Kaur and another …..Petitioners versus State of Punjab .....Respondent CORAM:- HON'BLE MR. JUSTICE RAJAN GUPTA Present: Mr.C.L. Verma, Advocate for the petitioners Mrs. R.K. Nihalsinghwala, Addl. Advocate General, Punjab .. RAJAN GUPTA, J.: This is a petition under section 438 Cr.P.C. seeking pre-arrest bail in a case registered against the petitioners under sections 306, 498-A IPC (section 498-A IPC added later on) vide FIR No.113 dated 26.5.2010 at police station Sadar Jagraon, District Ludhiana. Learned counsel for the petitioners submits that the instant second petition for pre-arrest bail is maintainable as certain aspects could not be pointed out in the earlier petition preferred by the petitioners before this court. He has referred to the post-mortem report (Annexure P-5) and submits that deceased is stated to have committed suicide on 26.5.2010. However, in the post- mortem report, it has been mentioned that deceased Gurcharan Singh was taken to hospital on 25.5.2010. He Crl.Misc.No.M-34566 of 2010 - 2 - submits that there is inherent defect in the prosecution case. Learned State counsel has, however, referred to affidavit dated 20.12.2010 of Joginder Singh, Deputy Superintendent of Police, Jagraon. In the said affidavit it has been submitted that post-mortem examination of the deceased in the Civil Hospital, Jagraon was conducted on 27.5.2010 and not on 26.5.2010 as has been inadvertently mentioned in the post-mortem report. He has referred to para (b) thereof and contends that police request for conducting post-mortem examination was made on 27.5.2010. According to him, in view of allegations levelled in the FIR and the detailed order passed in the earlier bail application preferred by the petitioners (Crl.Misc.No.M- 21757 of 2010), the petitioners are not entitled to concession of pre-arrest bail. I have heard learned counsel for the parties. Notice of motion in the instant bail application was issued as petitioners had referred to post-mortem report (Annexure P-5) and the dates mentioned therein. However, in the affidavit submitted today, the circumstances leading to mentioning of wrong date have been clarified. In the FIR, there are serious allegations against the petitioners of harassing the daughter of the complainant due to which he committed suicide. In the suicide note, which was recovered after the death of Gurcharan Singh, it was specifically stated by him that his daughter was harassed by her sister-in-law Karamjit Kaur Crl.Misc.No.M-34566 of 2010 - 3 - and her husband Harminder Singh (petitioners herein). The earlier bail application preferred by the petitioners was dismissed by this court on 6.8.2010 by passing a detailed order. Learned counsel for the petitioners has not been able to point out any change of circumstance thereafter. There is thus, no merit in this petition. The same is dismissed being devoid of merit. January 10, 2011 ( RAJAN GUPTA ) pc JUDGE