Cr.Misc. M 26792 of 2011 1 IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH. Cr.Misc. M 26792 of 2011 Date of decision: 1.12.2011 Jagir Singh and another petitioner vs State of Punjab respondent Present:- Mr. JBS Gill, Advocate. Mr. PS bajwa, DAG, Pb Mr. KS Dadwal, Advocate. M.M.S.BEDI, J. This order will dispose of two connected petitions filed by Jagir Singh and another (Cr.Misc. M 26792 of 2011) and Harwinder Singh (Cr.Misc. M 29416 of 2011). The petitioners seek the concession of pre-arrest bail in a case registered at the instance of Kamaljit Kaur wife of Harwinder Singh alleging that she was married to Harwinder Singh on 2.9.2009. She was used to maltreat by her husband and all the family members. Since Harwinder Singh had gone to Doha Katar and returned back on 22.2.2011, he was inspired to go to Canada, as such, the complainant was asked to get her share of land from her parents. Demand of Rs.10 lacs was raised for the said purpose. There is an allegation that an attempt was made to set the complainant on fire by her husband and other family members. Learned counsel for the petitioners submits that the petitioners have been falsely implicated in the case. It has been argued that as a matter of fact it was Avtar Singh, father of the complainant, who had Cr.Misc. M 26792 of 2011 2 assaulted Harwinder Singh petitioner causing injuries on his person, regarding which complaint (Annexure P-2) has been submitted to SHO, P.S. Sadar Hoshiarpur. Learned counsel for the petitioners has submitted that the complainant was found smelling of alcohol when she was examined by the Doctor. It has been claimed that Jagir singh and his wife have been residing separately from their son Harwinder Singh. After hearing counsel for the parties and considering the facts and circumstances of the case, it is apparent that there are specific allegations of demand of money and harassment qua Harwinder Singh. It will be debatable during trial whether his parents had also actually connived with their son to harass the complainant. Since petitioners Jagir Singh and Gurmeet Kaur claim that they are residing separately and that their son had gone abroad, their case is distinguishable from that of Harwinder Singh, they can be granted the concession of pre-arrest bail. Accordingly, Cr.Misc. M 26792 of 2011 is allowed and it is ordered that in case of arrest of the petitioners Jagir Singh and Gurmeet Kaur, they will be released on bail 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 will not tamper with evidence or hamper the investigation. So far as petitioner Harwinder Singh is concerned , he claims that he had actually been inflicted injuries by the complainant and her family members. He claims that he has lodged an FIR (annexure P-1) on 14.5.2011 for the occurrence dated 13.5.2011. He having already availed the legal remedy by approaching the police, it will be pre-mature to form an opinion whether the FIR was registered against the petitioner as a counter blast to his FIR or it is a case of actual cruelty having been Cr.Misc. M 26792 of 2011 3 committed by the petitioner against his wife. Prima facie there are serious allegations of demand of money to enable the petitioner to go to Canada. The said story does not appear to be false on account of the fact that the petitioner had been abroad earlier to earn money. No extra ordinary exceptional circumstances exist for the grant of pre-arrest bail to the petitioner Harwinder Singh. Cr.Misc. M 29416 of 2011 is dismissed. December 1 , 2011 (M.M.S.BEDI ) TSM JUDGE