In the High Court of Punjab and Haryana at Chandigarh ...... Criminal Misc. No.M-4640 of 2010 ..... Date of decision:23.2.2010 Gurvinder Singh .....Petitioner v. State of Punjab .....Respondent .... Present: Mr. H.S. Batth, Advocate for the petitioner. Mr. Shilesh Gupta, Deputy Advocate General, Punjab for the respondent-State. ..... S.S. Saron, J. Learned counsel for the State, on instructions from ASI Baldev Singh, Police Station Bhikhiwind, District Tarn Taran, has submitted that in an inquiry conducted by the DSP, the petitioner was found innocent as he was not present in the village on the date of the incident. Therefore, he was kept in column No.2 of the charge-report (challan) that was filed. The petitioner admittedly was not sent-up for trial as he was found innocent. During trial of the case the statement (Annexure-P.2) of Baljit Singh (PW-2), brother of deceased Tarlochan Singh was recorded in which it is alleged that Gurvinder Singh (petitioner) was armed with a `Gandasi' however, he accepts that he did not witness the murder of Tarlochan Singh. It is alleged that Gurvinder Singh (petitioner) earlier had threatened to kill Tarlochan Singh. On the basis of statement (Annexure- P.2) of Baljit Singh (PW-2) the Public Prosecutor filed an application under Section 319 Cr.P.C. for summoning the petitioner as an additional accused. Cr. Misc. No.M-4640 of 2010 [2] The said application has been allowed vide order dated 20.8.2009 (Annexure-P.3). Keeping in view the fact that the petitioner was found innocent in the inquiry conducted by the DSP as also the fact that learned counsel for the State has submitted that the custody of the petitioner is not required for the purposes of investigation, it would be just and expedient that in the event of arrest the petitioner is admitted to bail. Accordingly, the petitioner shall put in appearance before the trial Court on 5.3.2010 which is date fixed in the case. However, in the event of his arrest, he shall be admitted to bail on his furnishing personal bond and surety to the satisfaction of the learned trial Court. The criminal miscellaneous petition stands disposed of. February 23, 2010. (S.S. Saron) Judge *hsp*