Cr.Misc. NO.M 8040 of 2009 1 IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Cr.Misc. NO.M 8040 of 2009 DATE OF DECISION 31.3.2009 Om Parkash and another ......PETITIONER VERSUS State of Punjab ......RESPONDENTS PRESENT: Mr. SPS Sidhu, Advocate Mr. PS Sidhu,Addl.A.G.Punjab Mr. RN Sharma, Advocate. M.M.S.BEDI,J. The petitioners seek the concession of pre-arrest bail in a case registered at the instance of Ramesh Kumar alleging that petitioner No.1 and his son petitioner No.2 had gone to the shop of his brother and inflicted injuries with sharp edged weapons and caused his death. A perusal of the police file indicates that the petitioners were found innocent by the police twice on the basis of investigation conducted. Learned counsel for the complainant submits that on the application of the complainant, investigation has again been conducted and the police has arrived at a conclusion that the petitioners are prima facie guilty of the offence. However, learned State counsel, on the instructions of ASI Ved Parkash, informs that no doubt the petitioners were found innocent earlier twice and the cancellation report had been prepared but another inquiry is still pending. Considering the totality of the circumstances, without going into the disputed question of facts regarding the complicity of the petitioners in the crime, in the interest of justice, it is deemed appropriate to require the State to give three days notice in writing to the petitioners in case on inquiry the petitioners are prima facie found Cr.Misc. NO.M 8040 of 2009 2 guilty of the offence, alleged against them in FIR No.24 dated 25.3.2007 registered at P.S. Khui Khera, District Ferozepur. The petition is disposed of with a direction that the petitioners will be issued three days notice in writing in case they are found guilty on inquiry, to enable them to avail the legal remedy available to them in accordance with law. This order will ,however, remain operative for a period of next six months and will be applicable only in the circumstances, mentioned herein above. March 31 ,2009 ( M.M.S.BEDI ) TSM JUDGE