JUDGMENT Mr. Mehinder Singh Sullar, J.: (Oral) - Petitioners Harmohinder Singh Tiwana and his wife Jagjit Kaur Tiwana have preferred the instant petition for the grant of anticipatory bail in a case registered against them along with their son and main co-accused, namely, Gursimranjeet Singh (husband), by way of FIR No.11 dated 7.3.2012 (Annexure P4), on accusation of having committed the offences punishable under sections 406 & 498-A IPC by the police of Police Station Women Cell, Ludhiana, invoking the provisions of section 438 Cr.PC. 2. Notice of the petition was issued to the respondent. 3. After hearing the learned counsel for the parties, going through the record with their valuable assistance and after considering the entire matter deeply, to my mind, the present petition deserves to be accepted in this context. 4. During the course of preliminary hearing, a Coordinate Bench of this Court (Nawab Singh, J.) passed the following order on 17.9.2012:- “This is an application for pre-arrest bail under Section 438 Code of Criminal Procedure in case bearing First Information Report No.11 dated March 07, 2012 registered under Sections 406 and 498-A of the Indian Penal Code in Police Station Women Cell, Ludhiana. Learned counsel for the petitioners has urged that the marriage of the son of the petitioners Gursimranjeet Singh was solemnized with Kamalpreet Kaur- complainant on January 04,2004. After marriage, the couple is residing in Norway. Notice of motion for 16.10.2012. Meanwhile, in the event of arrest, the petitioners (Harmohinder Singh Tiwana and Jagjit Kaur Tiwana) shall be released on bail by Arresting Officer to his satisfaction. Petitioners shall abide by the conditions laid down under Section 438(2) (i) (ii) and (iii) Cr.PC” 5. At the very outset, the learned State counsel, on instructions from ASI Hardev Singh, has acknowledged the factual matrix and submitted that the petitioners have already joined the investigation and they are no longer required for further interrogation at this stage. Moreover, the petitioners are unfortunate parents-in-law of complainant Kamalpreet Kaur. General & vague allegations are assigned to them. The main allegations, with regard to cruelty in connection with the demand of dowry are attributed to her husband & main co-accused Harsimranjeet Singh. There is no history of their previous involvement in any other criminal case. Both the offences alleged against the petitioners are triable by the Court of Magistrate. 6.
General & vague allegations are assigned to them. The main allegations, with regard to cruelty in connection with the demand of dowry are attributed to her husband & main co-accused Harsimranjeet Singh. There is no history of their previous involvement in any other criminal case. Both the offences alleged against the petitioners are triable by the Court of Magistrate. 6. In the light of aforesaid reasons and taking into consideration the totality of the facts & circumstances, emanating from the record, as discussed here-in-above, the instant petition is hereby accepted and the interim order dated 17.9.2012 is made absolute, subject to compliance of conditions as envisaged under section 438(2) Cr.PC. 7. Needless to mention that if the petitioners do not cooperate or join the investigation, the prosecution/complainant would be at liberty to move a petition for cancellation of their bail, in this relevant connection.