Crl.Misc.No.M-16742 of 2010 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Decided on: July 21, 2010. (1) Crl.Misc.No.M-16742 of 2010 Swaran Singh .. Petitioner * * * (2) Crl.Misc.No.M-17791 of 2010 Baljit Singh .. Petitioner * * * (3) Crl.Misc.No.M-17936 of 2010 Narinder Parkash and others .. Petitioners VERSUS State of Punjab. . Respondent * * * CORAM: HON'BLE MR.JUSTICE M.M.S.BEDI * * * PRESENT Mr.R.S.Bains, Advocate, for the petitioners in all the three petitions. Mr.Abhishek Chautala, AAG., Punjab. Mr.Rajesh Kumar Dadwal, Advocate, for the complainant. . . . 1 Crl.Misc.No.M-16742 of 2010 M.M.S. BEDI, J. (ORAL) This order will dispose of the above noted three petitions one filed by Swaran Singh, another by Baljit Singh and the third one by Narinder Parkash and others under Section 438 Cr.P.C., for the grant of pre-arrest bail in a case registered at the instance of Raj Rani alleging that her father Mohinder Singh has committed suicide on the abetment of his daughter-in-law Pinki Rani, her father Swaran Singh, father's sister Narinder Kaur and her husband Narinder Parkash and her brother Baljit Singh. As per the the FIR, the complainant reported that one of her brothers Raj Kumar has gone to Kuwait. He had come on leave in January 2010. Raj Kumar was living with his father Mohinder Singh in a house which has two portions. Raj Kumar desired that one portion be given to him and that he would pay Rs.2,000/- per month to his father. Raj Kumar raised a wall separating two portions. He paid Rs.2,000/- for one month and thereafter stopped making the payment. Raj Kumar has gone abroad. While leaving India, he has left his wife Pinki Rani in the house, who started harassing her father-in-law Mohinder Singh calling him names. She used to claim entire house saying that it belong to her husband. She wanted her father-in-law Mohinder Singh and his family members to vacate the house but Mohinder Singh and his wife jointly owned the said house in equal shares. Pinki Rani got installed electric meter in her portion and used to have daily dispute with Mohinder Singh and his family members. On the day of occurrence, Pinki Rani, her aunt (Bua) . . . 2 Crl.Misc.No.M-16742 of 2010 Narinder Kaur at 3:00 P.M., abused complainant Raj Rani and her father Mohinder Singh at the instance of Raj Kumar, Swaran Singh and Dharampal. Being fed up with the attempt of petitioners, Mohinder Singh consumed salphas tablets and died on the same day. Counsel for the petitioners has contended that the petitioners have been falsely implicated in the case. It was argued that Pinki Rani was mercilessly beaten up by Sarabjit Singh husband of Raj Rani and deceased Mohinder Singh and she was admitted in Civil Hospital, Hoshiarpur, on 06.05.2010 where she was medico legally examined by the doctor. She remained in hospital from 06.05.2010 to 09.05.2010. It is claimed that Swaran Singh had also given a complaint for enquiry as the family members of Pinki Rani have been falsely implicated in the case. I have heard the counsel for the petitioner and gone through the police file which shows that Mohinder Singh deceased had filed a complaint on 06.03.2010, against Pinki Rani and Swaran Singh claiming that he was being harassed. A strong reliance has been placed by the complainant on an application submitted by Mohinder Singh to the SHO, Police Station, Sadar, Hoshiarpur on 07.05.2010 complaining that he had been attacked by the Bua and her husband and the brother of Pinki Rani but he was saved by his daughter and son-in-law and that Pinki Rani had got herself admitted in the hospital. In the complaint submitted by Mohinder Singh, it was complained that he was assaulted by his daughter-in-law, her . . . 3 Crl.Misc.No.M-16742 of 2010 paternal aunt (Bua), her husband, their son and the brother of Pinki Rani. He levelled allegations that the brother of Pinki Rani had threatened him and his daughter and teased his daughter. The said complaint was marked on 07.05.2010, to Head Constable Avtar Singh. The investigating officer informed that the brother of Pinki Rani has joined investigation and it has been found that he is a student. His involvement in the act of abetment of suicide appears to be remote as such, the application of Baljit Singh can be allowed. It is ordered that in case of arrest of Baljit Singh, he shall be released on bail on his furnishing bail bonds to the satisfaction of the arresting officer subject to the condition that he will join the investigation as and when required by the police and that he will not tamper with the evidence and hamper the investigation, in any manner. Name of Swaran Singh is mentioned in the complaint filed by deceased on 06.03.2010, being instrumental in harassing him. The complaint dated 07.05.2010, purports to be in context to the complaint dated 06.03.2010 and it will be a debatable point whether it has actually been submitted by Mohinder Singh. Medical report of Pinki Rani dated 06.05.2010 at 9:25 PM, seems to be a document got prepared by making a payment of Rs.50/- by her as a defence document. The application of Swaran Singh is dismissed as the investigation is at initial stage and his role is yet to be determined. So far as Narinder Parkash and Narinder Kaur are concerned, they are distantly related to the deceased . It will be . . . 4 Crl.Misc.No.M-16742 of 2010 debatable whether they had any direct concern with the dispute. Their application is allowed and it is ordered that in case of their arrest , they will be released on bail on their furnishing bail bonds to the satisfaction of the arresting officer subject to the condition that they will join the investigation as and when required by the police and that they will not tamper with the evidence and hamper the investigation, in any manner. To conclude, the application for pre-arrest bail filed by Baljit Singh, Narinder Parkash and Narinder Kaur is allowed, subject to the conditions imposed above. However, the application for pre-arrest bail filed by Swaran Singh is hereby dismissed. A copy of order be placed in connected files. (M.M.S.BEDI) JUDGE July 21, 2010. rka . . . 5