IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYNA AT CHANDIGARH. Cr.Misc. M 18825 of 2010 Date of decision:18/8/2010 Ajmer Singh Saini Petitioner vs. State of Punjab Respondent Present: Mr.Rajiv Joshi, Advocate. Mr. PS Bajwa, DAG, Pb M.M.S.BEDI,J. The petitioner seeks the concession of pre-arrest bail in a case, registered on the basis of a secret information that the petitioner along with four others have taken supari to kill Devinder Kumar from Bhupinder Singh, who is residing in Italy for the last about 4years. The allegation against the petitioner and others is that they had committed theft in house of Avtar Singh and accomplice of the petitioner were apprehended along with the stolen articles on basis of their disclosure statements. The petitioner has been booked for offence u/s 115 IPC. A perusal of illustration appended to Section 115 IPC indicates that mere instigation to murder will not constitute an offence u/s 115 IPC. It is an admitted fact that no offence has been committed by the petitioner except for the recovery of the alleged stolen articles from the co-accused of the petitioner. It will be debatable during trial whether the petitioner can be convicted u/s 115 IPC for the allegations, which have been levelled against him. Recovery of the alleged stolen articles having already been effected, the petitioner having joined the investigation, he can be granted the concession of pre-arrest bail. Accordingly, the petition is allowed and interim order dated 6.7.2010 is hereby confirmed and it is ordered that in case of arrest of the petitioner, he will be released on bail to the satisfaction of the arresting officer subject to the condition that the petitioner will join the investigation as and when required by the police and will not tamper with evidence or hamper the investigation. August 18 ,2010 ( M.M.S.BEDI ) TSM JUDGE