- (1.) Kamaljit Singh and Balwinder Kaur have brought this petition under the provisions of section 438 read with section 482 Cr.P.C. for prearrest bail in the event of their arrest on the complaint of respondent No. 4 or her supporters and in the alternative to issue seven days' advance notice before their arrest.
(2.) Learned counsel for the petitioners has submitted that petitioner No.1 is the unfortunate son-in-law of respondent no.4, whose wife was killed by respondent no.4 and her co-accused. According to him, the case was got registered by petitioner No.1, in which the investigation was conducted by Central Bureau of Investigation (CBI) on the orders of this court. According to him, after registration of that case, two FIRs have already been registered against the petitioners. He has submitted that Annexure P2 is FIR No. 46 dated 13.7.2011 registered at Police Station Begowal, District Kapurthala for an offence punishable under sections 323, 326, 341, 427 read with section 34 IPC and in this case, Kamaljit Singh, the petitioner has been granted bail by learned Additional Sessions Judge. He then referred me to Annexure P7, FIR No. 6 dated 11.2.2012 registered at Police Station Dhilwa, District Kapurthala for an offence punishable under sections 406, 420 read with section 34 IPC. According to him, the bail application filed in that case was dismissed by the lower court and now it has been filed in this court.
(3.) He has further submitted that respondent no. 4 is a powerful politician and although, she has now been convicted and sentenced and is undergoing sentence in jail, yet she has a number of supporters and at her instance, a number of cases can be registered against the petitioners. He has further submitted that petitioner No.1 is facing trial in a complaint under section 138 of Negotiable Instruments Act (for short, the Act ) also.;