Criminal Misc. No. M-7872 of 2011 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Misc. No. M-7872 of 2011 Date of decision : 21.03.2011 Salwinder Singh ....Petitioner V/s State of Punjab ....Respondent BEFORE : HON'BLE MR. JUSTICE RAJAN GUPTA Present: Mr. A.S. Bhatti, Advocate for the petitioner. RAJAN GUPTA J. (ORAL) This is a petition filed under Section 438 of the Code of Criminal Procedure seeking pre-arrest bail in a case registered against the petitioner vide FIR No. 43 dated 12.05.2008 under Sections 302/324/323/148/149 IPC wherein the petitioner has been summoned to face trial in exercise of power under Section 319 Cr.P.C. Learned counsel for the petitioner submits that petitioner was found innocent by the investigating agency during investigation and thus he is entitled to concession of pre-arrest bail. I have heard learned counsel for the parties. The FIR was lodged by Gurpreet Singh who alleged that on 12.05.2009 elections to Block Samity and Zila Parishad were being held in Elementary Government School in the village. At that time Gurpreet Singh along with Satnam Singh, Gurwinder Singh, Gurjant Singh and Harwinder Singh had gone to cast their votes at about 12.00 noon. At that time, they were accosted by the accused and various injuries were caused on the Criminal Misc. No. M-7872 of 2011 2 person of Gurjant Singh as a result of which he later died. The petitioner who was accompanying the accused is also stated to have given a dagger blow on the person of Gurjant Singh above the left nipple of the chest. Name of the petitioner figured in the initial version as well as statement of Gurpreet Singh when he stepped into the witness box as PW-2. On the basis of same the petitioner was summoned to face trial under Section 319 Cr.P.C. It appears that petitioner earlier preferred Crl. Misc. No. M-3867 of 2011 and made a statement before a coordinate bench (Kanwaljit Singh Ahluwalia, J.) praying for withdrawal of plea for pre-arrest bail in respect of Salwinder Singh (petitioner herein). However, petition qua other accused was allowed on 25.02.2011. Learned counsel for the petitioner has not been able to explain any change of circumstance entitling him to prefer the present petition. Except change of counsel no other development subsequent to order dated February 10, 2011 when petition in respect of petitioner was dismissed as withdrawn, has been brought to the notice of the court. Even otherwise in view of the fact that name of the petitioner figured in the initial version as well as in the statement of PW-2 when he stepped into the witness box and the nature of injury stated to have been caused by him in the occurrence, I am of the considered view that petitioner is not entitled to concession of pre-arrest bail. In view of the fact that second petition for pre-arrest bail appears to be totally frivolous, this court deems it fit to impose costs on the petitioner. Thus petition is dismissed with `10,000/- as costs to be remitted to State Legal Services Authority, Punjab. March 21, 2011 (RAJAN GUPTA) Ajay JUDGE