In the High Court of Punjab and Haryana at Chandigarh ...... Criminal Misc. No.M-26896 of 2010 ..... Date of decision:9.11.2010 Dinesh Kumar .....Petitioner v. State of Punjab .....Respondent .... Present: Mr. H.S. Gill, Senior Advocate with Mr. Vivek Goyal, Advocate for the petitioner. Mr. M.C. Berry, Additional Advocate General, Punjab for the respondent-State. ..... S.S. Saron, J. Heard learned counsel or the parties. The petitioner seeks pre-arrest bail in a case registered against him on 9.8.2010 for the offences under Sections 302 and 34 IPC. The FIR in the case has been registered on the statement of Ramesh Lal, who has alleged that his son Jiwan Lal (deceased) on 10.3.2009 at about 2.00 p.m. (i.e. about one year and 5 months before the registration of the FIR) left his house and had gone to Bandala G.N.A. Factory for getting his salary and till evening Jiwan Lal did not return home. They searched for him everywhere but Jiwan Lal did not return till 11.3.2009. A report was, therefore, lodged at Police Station Nurmahal on 12.3.2009 with regard to the fact that Jiwan Lal was missing. Before this, Cr. Misc. No.M-26896 of 2010 [2] an information was received at the Police Station regarding a dead body. The SHO of Police Station asked the complainant to accompany him to Bandala-Mitthra Road where a dead body was lying at the bank of the canal. When they reached on the right side of the bridge of the canal on the road leading from Mitthra to Rurka Kalan towards East, they saw a motorcycle and a dead body lying there. The dead body was that of the son of the complainant. They informed the SHO that the dead body was that of the son of the complainant. The complainant told the SHO that Dinesh Kumar (petitioner) was on visiting terms with his son. On 10.3.2009, the petitioner told the complainant about their visit to Anandpur Sahib on the occasion of Hola Mohalla. He had been telling lies to them although he knew about Jiwan Lal. Therefore, it was evident to the complainant that he is one of the persons involved in the murder of the son of the complainant. The Police had, however, conducted proceedings under Section 174 Cr.P.C. in connivance with the other party. According to the complainant, the petitioner is one of the persons who killed his son. The petitioner is resident of Village Mitthra and he had an affair with a girl who is resident of Village Rurka Kalan. There are two brothers of the said girl and the complainant has full suspicion that they are also involved in the murder of his son. The post-mortem also shows that the son of the complainant was murdered. They had given an application on 19.3.2009 at Police Station Nurmahal but they had not taken any action. It was prayed that justice be done to him. It may be noticed that the dead body of Jiwan Lal was recovered on 11.3.2009 and proceedings under Section 174 Cr.P.C. were carried out in the presence of the complainant Ramesh Lal. Now after Cr. Misc. No.M-26896 of 2010 [3] about one year and 5 months, the FIR has been lodged which is primarily based on suspicion inasmuch as it is alleged by the complainant that he has full suspicion that Dinesh Kumar (petitioner) was involved in the murder of his son. Learned counsel for the State, on instructions from SI Harjinder Singh, Police Station Goraya, District Jalandhar, has submitted that the petitioner has been joining the investigation and so far no material has been gathered from which it can be said that he was involved in the case. Therefore, it is submitted that the State would have no serious objection in case the petitioner is granted the concession of pre-arrest bail subject to the condition that he joins the investigation as and when he is required. Accordingly, in the event of arrest of the petitioner, he shall be admitted to bail subject to his furnishing personal bond and surety to the satisfaction of the Arresting/Investigating Officer. However, the petitioner shall join the investigation as and when called and shall abide by the provisions of Section 438 (2) Cr.P.C. The bail shall continue till the filing of final report by the Police. The criminal miscellaneous petition stands disposed of. November 9, 2010. (S.S. Saron) Judge *hsp*