Brij Bhushan Nayyar and Others vs State of Punjab

M.M.S. Bedi, J.—The Petitioners seek the concession of pre-arrest bail in a case, registered at the instance of complainant Shoba Malik alleging that her daughter Deepa Nayyar had been murdered by her husband and his family members. As per the allegations in the FIR, registered at the instance of Shoba Malik, the Petitioners being relations of husband of Deepa Nayyar had trespassed in the house of the complainant and threatened her to withdraw the criminal case, otherwise she would have to face serious consequences.

Petitioners 1 and 2 are father-in-law and mother-in-law of the deceased. They claim that no incident of assault had occurred and that the FIR has been exaggerated . All the offences are bailable except for offence u/s 452 IPC.

Counsel for the complainant has contended that fist and kick blows are attributed to Petitioners 1 and 2 and the Petitioners have threatened the complainant. In this respect, a complaint was even sent to the police on 1.12.2010.

I have heard counsel for the parties. Petitioners 1 and 2 are father-in-law and mother-in-law of the deceased. Counsel for the complainant claims that they are accused in a criminal case and they have filed a petition for pre-arrest bail. Without adverting to the other allegations against the Petitioners in any other FIR, it is sufficient to observe that in the present case, the offences alleged against the Petitioners are bailable, except for offence ui/s 452 IPC. Petitioners 2 and 4 are ladies and Petitioner No. 3 is brother-in-law of Petitioner No. 2. The petition qua Petitioners 2,3 and 4 ,namely, Neelam Nayyar, Keshav Rai and Suman Gupta is allowed and it is ordered that in case of their arrest, they will be released on bail to the satisfaction of the arresting officer subject to the condition that the Petitioners 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 No. 1 Brij Bhushan is concerned, petition on his behalf is dismissed. This order will not prejudice his right to seek the concession of regular bail by surrendering before the Illaqa Magistrate or before the investigating officer.