Crl. Misc. No.M-18892 of 2011 [1] IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. Crl. Misc. No. M-18892 of 2011 Date of Decision: July 4, 2011 Chanan Singh …..Petitioner Vs. State of Punjab …..Respondent CORAM: HON’BLE MR. JUSTICE M.M.S. BEDI. -.- Present:- Mr.S.L. Chander Shekhar, Advocate for the petitioner. -.- M.M.S. BEDI, J. (ORAL) The petitioner seeks the concession of pre-arrest bail in a case registered at the instance of complainant- Rajwant Kaur alleging that the petitioner alongwith his three sons had entered the house of the complainant and killed her brother Kabal Singh. Once the accused named in the FIR, on investigation, has been found innocent. Counsel for the petitioner has submitted that the petitioner is an old man of 80 years unable to see. In support of his contention he has Crl. Misc. No.M-18892 of 2011 [2] placed on record the medical certificate of Senior Medical Officer of a hospital of District Tarn Taran to indicate that he is suffering from Diabetes Mellitus as such he has got low vision due to cataract. Counsel for the petitioner has vehemently contended that part of the story of the prosecution has been found to be false with the declaration of one of the accused as innocent as such no reliance can be placed on the same. The two sons of the petitioner are in custody. The petitioner is unable to see in the evening or in the dark as such he should be granted the concession of pre-arrest bail. I have heard counsel for the petitioner. No doubt, the petitioner has not been attributed any injury but he has been attributed a lalkara indicating his presence on the spot. The medical ground relied upon by the petitioner for compassion cannot be considered at this stage. On the ground of old age and ailment, he may seek the benefit of proviso to Section 437 Cr.P.C. The ill health of the petitioner may be a good ground for the grant of regular bail in view of the allegations of participation of petitioner in the incident of murder. There are no extraordinary exceptional circumstances to grant the concession of pre-arrest bail. Dismissed. Nothing said in the order will prejudice the rights of the petitioner to seek the concession of regular bail. July 4, 2011 (M.M.S.BEDI) sanjay JUDGE