Criminal Misc. No. M-23522 of 2009 [1] IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl. Misc. No. M-23522 of 2009 (O&M)` Date of decision: 17.9.2009 Khursheeda and others .. Petitioners v. State of Punjab .. Respondent CORAM: HON'BLE MR. JUSTICE RAJESH BINDAL Present: Mr. R. S. Bajaj, Advocate for the petitioners. Mr. Mehardeep Singh, DAG, Punjab. .. Rajesh Bindal J. While issuing notice of motion on 26.8.2009, this Court had recorded the following contentions of learned counsel for the petitioners: “Learned counsel for the petitioners submitted that late Younis Masih had taken substantial sum from the petitioners with the promise to send them to England. Neither they were sent nor the amount was returned. As Younis Masih had taken substantial loans from other persons also and he was unable to repay the debt he committed suicide on 13.12.2008. A case was registered against the petitioners by his wife Sunaina on 14.12.2008, in which the petitioners were granted anticipatory bail by learned Additional Sessions Judge, Amritsar. Subsequently the petitioners filed complaint to the police regarding cheating against Sunaina, Victor Masih her brother and other persons. The matter was investigated by the police and FIR No. 26 was registered on March 14, 2009. The anticipatory bail application of all the accused including Sunaina was dismissed. Sunaina was arrested and was subsequently released on account of the fact that challan was not presented within a period of 90 days from the date of arrest of the accused. Immediately thereafter she administered poison to her two minor sons and also consumed herself. All the three persons having died the present FIR was registered at the instance of brother of deceased Sunaina namely Criminal Misc. No. M-23522 of 2009 [2] Victor Masih. Though in the FIR it is stated that in the earlier FIR registered against her, he was arrested and remained in custody, but submission of learned counsel for the petitioners is that the petitioners have nothing to do with the suicide of Sunaina and her two sons as they were pursing their legal remedy by registering FIR against Sunaina and other accused for the cheating. They cannot be accused of abetting suicide of Sunaina and her two sons.” Learned counsel for the State submits that the petitioners have already joined the investigation. As there is earlier history of civil as well as criminal litigation between the parties, when on an earlier occasion also, allegations were made against the petitioners when the husband of the complainant committed suicide, the petitioners were granted benefit of anticipatory bail. Considering the fact and the totality of circumstances, however, without opining on the merits of the controversy, the interim bail granted to the petitioners on 26.8.2009 is made absolute. The petition stands disposed of. (Rajesh Bindal) Judge 17.9.2009 mk