In the High Court of Punjab and Haryana at Chandigarh ...... Criminal Misc. No.M-493 of 2011 ..... Date of decision:21.1.2011 Sarwan Singh .....Petitioner v. State of Punjab .....Respondent .... Present: Mr. O.P. Kamboj, Advocate for the petitioner. ...... S.S. Saron, J. Heard learned counsel for the petitioner. The FIR in the case has been recorded on the statement of Swaran Singh son of Dilawar Singh. In the incident that occurred on 3.1.2010 at 8.30 p.m. the petitioner was armed with .12 bore gun and was on D1 Mahindra tractor which was fitted with cultivator. The petitioner filed Criminal Misc. No.M-9003 of 2010 along with others for grant of pre-arrest bail. His application for pre-arrest bail was dismissed on 29.3.2010. Learned counsel contends that in an inquiry that has been conducted by the DSP, Sub Division, Ferozepur, the petitioner has been found innocent. He was not present at the spot at the time of the alleged occurrence. During the night of 3.1.2010 when the occurrence is said to have taken place, the petitioner had gone to Village Killi to attend the last ceremonies on the death of his mother-in-law and during the night he stayed at Village Killi. A reference is made to the report dated 10.5.2010 (Annexure-P.6) in this regard. It may, however, be noticed that in case the pre-arrest bail is Cr. Misc. No.M-493 of 2011 [2] declined by this Court and the petitioner has been found to be innocent, the Police is not bound to arrest him. In M.C. Abraham v. State of Maharashtra, 2003 (1) RCR (Cr.) 452, it was observed by the Supreme Court that it is open to the Police Officer, in the course of investigation, to arrest any person who has been concerned with any cognizable offence or against whom reasonable complaint has been made or credible information has been received or reasonable suspicion exists of having been so concerned. Obviously, the Police Officer, it was observed, is not expected to act in a mechanical manner and in all cases to arrest the accused as soon as the report is lodged. In appropriate cases, after some investigation, the Investigating Officer may make up his mind as to whether it is necessary to arrest the accused person. Therefore, in case the petitioner has indeed been found innocent, the Police is not bound to arrest him. However, keeping in view the fact that his earlier application for grant of pre-arrest bail was declined, no ground for grant of pre-arrest bail is made out at this stage. The criminal miscellaneous petition is accordingly dismissed. January 21, 2011. (S.S. Saron) Judge *hsp*