Cr.Misc. NO. M 32331 of 2008 1 IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Cr.Misc. NO. M 32331 of 2008 DATE OF DECISION : 16.2.2009 Jagdish Bawa & another ......PETITIONER VERSUS State of Punjab ......RESPONDENTS PRESENT: Mr. JP Puri, Advocate Mr. RS Rawat, AAG, Pb Ms. Promila Nain, Advocate M.M.S.BEDI,J. The petitioners apprehend arrest in a case registered at the instance of Suman wife of Yadvinder Dass alleging that she was married to Yadvinder Dass on 30.11.2001 and that the petitioner No.1, who happens to be the elder brother of her husband and petitioner No.2, who is the mother of her husband had been maltreating her on account of demanding money for installing an x-ray machine in their shop. On account of her father not meeting the demands, she was given beatings by her husband and the petitioners. The complainant was also allegedly forced to bring a sum of Rs.4.00 lacs for construction of a new house and on her refusal she was maltreated and beaten up. Learned counsel for the complainant has intervened to oppose the petition for pre-arrest bail contending that the recoveries are to be effected from the petitioners and that they have been residing with the husband of the complainant. All jewellery articles of the complainant have Cr.Misc. NO. M 32331 of 2008 2 been withheld by the petitioners. I have heard learned counsel for the parties and gone through the allegations in the FIR (Annexure P-1). As per the averments in the FIR, there is no specific allegation against the petitioners that any article of istri dhan was handed over to the petitioners or that on demand the said specific article was withheld by them and not handed over to the complainant. There are vague allegations of assault on different occasions against all the family members of Yadvinder Dass. The petitioners have already joined the investigation. It does not appear to be a case of custodial interrogation. Accordingly, the petition is allowed and it is ordered that in case of arrest of the petitioners, they will be admitted to bail to the satisfaction of the arresting officer subject to the condition that they will appear before the investigating officer as and when required by the police and will not tamper with evidence or hamper the investigation at any stage. February 16 ,2009 ( M.M.S.BEDI ) TSM JUDGE