Ms. Kamlesh Sharma, J.—The petitioner is father of deceased Ashu Sharma. He has filed this petition under Section 439 (2), Cr.P.C. read with Sections 397/401, Cr.P.C. with a prayer to quash the order dated 8.11.1996 passed by Sessions Judge, Shimla, whereby pre-arrest bail was granted in favour of respondents 1 and 2 by confirming the interim bail order dated 30.10.1998. Respondent No. 1 is husband and respondent No. 2 is mother-in-law of deceased Ashu Sharma.

2. Deceased Ashu Sharma was married to respondent No. 1 in the year 1987. Two daughters and one son, aged 10, 8 and 4 years, were born out of their wed-lock. On 28.10.1998 at about 11.20 a.m. she was admitted in Casualty Ward of Indira Gandhi Medical College, Shimla with the history of poisoning, where despite treatment given by the doctors she breathed her last at 3.30 p.m. on receipt of telephonic call at 12.55 p.m. from Indira Gandhi Medical College, Shimla, police reached the hospital at 1.30.p.m. and found her in such a critical condition that her statement could not be recorded. She died at 3.30 p.m. and autopsy on her dead body was conducted on 29.10.1998. The intimation of her admission in the hospital as a re