Krishan Lal and Another vs State of Haryana and Another

Kanwaljit Singh Ahluwalia, J.—The present petition has been filed u/s 438 Cr.P.C. for grant of pre-arrest bail to the petitioners in case arising out of FIR No. 541 dated 12.7.2011, registered at Police Station Sadar, Hisar, Haryana, under Sections 498-A, 406, 323, 506 and 34 IPC.

Petitioners are stated to be parents-in-law of complainant/respondent No.2-Babli. It is an admitted case of the prosecution that husband of respondent No.2 has already been arrested and released on regular bail.

Learned counsel for respondent No.1/State submits that the petitioners have joined investigation, however, the jewellery is to be recovered. The Investigating Agency had an ample opportunity to effect recovery of jewellery when they have taken remand of the son of the petitioners and husband of respondent No.2/complainant.

Whether any jewellery has been handed over to the petitioners or not is a disputed question of fact which shall be determined during the course of trial. Hence, custodial interrogation of the petitioners is not required by the Investigating Agency.

Hence, the present petition is accepted. Interim order dated 17.8.2011, passed by the Co-ordinate Bench of this Court, staying arrest of the petitioners, is made absolute, till filing of the report u/s 173 Cr.P.C. On submission of report u/s 173 Cr.P.C., the petitioners shall furnish regular bail-bonds to the satisfaction of the Court concerned. The trial Court shall be empowered to cancel bail of the petitioners in case of breach of any of the terms & conditions of the bail bonds.