CRM No.M-9137 of 2011 ::1:: IN THE PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH CRM No.M-9137 of 2011 Date of decision: 04.04.2011 Baldev Singh son of Dilip Singh .... Petitioner Versus State of Punjab .... Respondent Present: Mr. H.S. Rakhra, Advocate, for the petitioner. **** S.S. SARON, J. Heard counsel for the petitioner. The petitioner, in the case, was found innocent by the police and was not sent up for the trial. During the trial of the case, statement (Annexure P-1) of Santokh Singh (PW-7) was recorded by the learned Additional Sessions Judge, Bathinda on 13.07.2010. In the said statement, Santokh Singh (PW-7) has inter alia stated that he saw the entire occurrence while he was lying on the ground. It is alleged that Mohinder Singh was armed with a dang, Jaskaran Singh alias Sharna was also armed with a dang. Surjit Singh was armed with an iron rod, Sukhdev Singh @ Sukha was armed with a takua, Baldev Singh son of Hakam Singh was armed with a gandasa and Baldev Singh (petitioner) son of Dalip Singh was also armed with a takua. The said persons caused multiple injuries to Labh Singh with their respective weapons and his legs were crushed and he fell down. The petitioner and also Baldev Singh son of Hakam Singh have been summoned by the learned Additional Sessions CRM No.M-9137 of 2011 ::2:: Judge, Bathinda vide order dated 17.11.2010 (Annexure P-2) in terms of Section 319 Cr.P.C. The petitioner applied for pre-arrest bail, which has been dismissed by the learned Additional Sessions Judge, Bathinda. He has, therefore, filed the present petition. In the incident that occurred on 10.07.2008, three persons have died. However, in terms of the inquiry report dated 07.09.2008 (Annexure P-3) the petitioner was found innocent and was not sent up for the trial. The co-accused of the petitioner namely Baldev Singh son of Hakam Singh, who is attributed somewhat similar role, had applied for anticipatory bail in this Court which was disposed of in terms of order dated 03.03.2011 (Annexure P-5). In the said case, no ground for pre-arrest bail was made out. However, Baldev Singh son of Hakam Singh (petitioner therein), it was observed, was found innocent in two separate inquiries and was not sent up for the trial. Therefore, his application for pre-arrest bail was dismissed but it was considered just and expedient that in case he surrendered before the trial Court within three days of the receipt of copy of the order and files an application for regular bail, the same would be considered by the learned trial Court itself which was seized of the case and all the necessary material for consideration was with it and till such consideration, the petitioner was ordered to be released on interim bail as he was found innocent in two separate inquiries. Learned counsel for the petitioner submits that the petitioner-Baldev Singh son of Dalip Singh has also been found innocent in two separate inquiries and is similarly placed as Baldev Singh son of Hakam Singh. Accordingly, the application of the petitioner seeking pre-arrest bail is dismissed. However, in case, the petitioner surrenders and appears before the learned trial Court within three days of the receipt of the copy of this order and files an application for regular bail, the same shall be considered expeditiously by the learned trial Court and preferably CRM No.M-9137 of 2011 ::3:: within two weeks and till such consideration, the petitioner shall be admitted to interim bail on his furnishing personal bond and surety to the satisfaction of the learned trial Court. However, nothing stated or observed herein shall be construed as an expression of opinion on the merits of the case and the learned trial Court shall consider the evidence and material as adduced before it uninfluenced by the observations made hereinabove. (S.S. SARON) JUDGE April 04, 2011 sukhpreet