Crl. Misc. -M No. 23952 of 2011 -1- IN THE PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH Crl. Misc. -M No. 23952 of 2011 (O&M) Date of Decision: 6.9.2011 Surjit Singh ..Petitioner. Vs. State of UT Chandigarh ..Respondent. CORAM: HON'BLE MR. JUSTICE RAJESH BINDAL Present : Mr. R.S. Ahluwalia, Advocate for the petitioner. Mr. D.D. Sharma, Advocate for UT Chandigarh. RAJESH BINDAL, J. Prayer in the present petition is for grant of pre-arrest bail to the petitioner in FIR No.301 dated 15.7.2011 registered under Sections 304-B, 34 IPC at Police Station, Sector 34, Chandigarh. Learned counsel for the petitioner submitted that the petitioner is married brother-in-law (brother of the husband of the deceased), who was living separate from the family of his brother Lakhwinder Singh, whose wife died because of hanging. As the petitioner was not involved in day-to- day life of the family of his brother, he is not guilty of the offence. He has been falsely implicated in the present case. The fact that the petitioner was living separate is also evident from the proceedings, which were initiated by the mother of the petitioner against the father of the petitioner in a complaint filed to police on 27.5.2011 in which she specifically stated that she was living with the petitioner, his wife and younger son. The aforesaid fact was even admitted by the father of the petitioner in his statement got recorded before police on 15.6.2011. Learned counsel for the UT, on instructions from SI Yad Ram, did not dispute the fact that the mother of the petitioner had filed a complaint against the father of the petitioner where the statement of the father of the petitioner was recorded and in both the aforesaid statements, it was mentioned that the petitioner was living separate from Lakhwinder Singh. Crl. Misc. -M No. 23952 of 2011 -2- After hearing the learned counsel for the parties and considering the facts noticed above, in my opinion, the petitioner is not required to be taken into custody for interrogation. He will appear before the Investigating Officer to join investigation on 15.9.2011 at 10.00 A.M. In the event of arrest, the petitioner shall be released on furnishing of bail bonds to the satisfaction of Investigating Officer. He shall appear before the Investigating Officer as and when called upon for further investigation. He shall also be bound by all the conditions as contained in Section 438(2) Cr.P.C. The petition stands disposed of. ( Rajesh Bindal ) 6.9.2011 Judge Meenu