Criminal Misc.-M No. 27110 of 2011 [1] IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Misc.-M No. 27110 of 2011 (O&M) Date of decision: 14.9.2011 Jaswant Singh and another .. Petitioners Vs. State of Punjab .. Respondent CORAM: HON'BLE MR. JUSTICE RAJESH BINDAL Present: Mr. A. K. Garg, Advocate for the petitioners. Mr. P. S. Bajwa, Deputy Advocate General, Punjab. ... Rajesh Bindal J. Prayer in the present petition is for grant of pre-arrest bail to the petitioners, who are parents-in-law of deceased-Lakhvir Singh, who committed suicide. The FIR has been got registered by the brother of the deceased alleging that on account of harassment by the in-laws' family of the deceased, namely, the petitioners, the deceased committed suicide. He had even left a suicide note. Learned counsel for the petitioners submitted that in fact a dispute was going on between the deceased and his wife. On 12.5.2011, custody of the child, born out of the wedlock, was handed over to the daughter of the petitioners in the court of Sub Divisional Judicial Magistrate, Chamkaur Sahib. Thereafter, the deceased even went to the village of the petitioners, where their daughter and grand son were residing, however he was apologetic of his conduct and stated that he will not commit this mistake in future till the court decides the case about custody. Thereafter, he committed suicide by jumping into the canal on 15.5.2011. The allegations in the FIR are that the petitioners had harassed the deceased, whereas the deceased and his wife, namely, the daughter of Criminal Misc.-M No. 27110 of 2011 [2] the petitioners, had been residing separately from 1.4.2011. Signatures on the suicide note, which was allegedly recovered from the motor cycle of the deceased, were got compared from handwriting expert with his admitted signatures on the statement recorded in the court on 12.5.2011 and it was opined that the same were not tallying with his admitted signatures appended on the court file. The submission is that the petitioners had nothing to do with the same and the deceased committed suicide on account of depression. On the other hand, learned counsel for the State submitted that on account of harassment by the petitioners and the wife of the deceased, he was forced to commit suicide. The petitioners are guilty of the serious offence, hence not entitled to concession of pre-arrest bail. After hearing learned counsel for the parties and considering the submissions made above i.e. pendency of litigation between the parties regarding custody of the child, which was handed over to the daughter of the petitioners in court and the deceased having tendered written apology on 14.5.2011 having gone to the village of the petitioners, in my opinion, the petitioners are not required to be taken into custody for interrogation. They will appear before the Investigating Officer on 24.9.2011 at 10.00 AM. In case of arrest, the petitioners shall be released on furnishing of bail bonds to the satisfaction of the Arresting/Investigating Officer. They shall appear before the Investigating Officer as and when called upon for further investigation. They shall also be bound by all the conditions as contained in Section 438(2) Cr.P.C. The petition stands disposed of. (Rajesh Bindal) Judge 14.9.2011 mk