Crl. Misc. No. M-38625 of 2011 [1] IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. Crl. Misc. No. M-38625 of 2011 Date of Decision: December 21, 2011 Kulwinder Singh …..Petitioners Vs. State of Punjab …..Respondent CORAM: HON’BLE MR. JUSTICE M.M.S. BEDI. -.- Present:- Mr. G.S. Lalli, Advocate for the petitioner. -.- M.M.S. BEDI, J. (ORAL) Petitioner apprehends arrest in a case registered at the instance of Shamsher Singh alleging that on November 3, 2011 the brother of the complainant, namely, Persan Singh was attacked by Yadwinder, Kamaljit and Harnam Singh. So far as petitioner is concerned, he was allegedly present on the spot as per the allegations in the FIR and had caught complainant Shamsher Singh from his hair which facilitated the injury by Harnam Singh on his forehead with a baseball bat. Crl. Misc. No. M-38625 of 2011 [2] It is contended that the petitioner in said circumstances could neither be subject to have common intention nor any overt act has been attributed to him resulting in the death of Persan Singh. I have heard counsel for the petitioner. Since the petitioner is named in the FIR and has been attributed the act of caught-hold of the complainant from hair, it will be premature to form an opinion that he has been falsely roped in alongwith his sons or that he was not even present on the spot or has been falsely implicated. The grounds for pre-arrest bail raised by counsel for the petitioner may be considered for grant of regular bail to the petitioner. But since the investigation is still in progress, no extraordinary exceptional circumstances exist to grant the concession of pre-arrest bail to the petitioner. Dismissed without prejudice to the rights of the petitioner to seek the concession of regular bail after surrender, in accordance with law. December 21, 2011 (M.M.S.BEDI) sanjay JUDGE