In the High Court of Punjab and Haryana at Chandigarh ...... Criminal Misc. No.M-228 of 2010 ..... Date of decision:22.3.2010 Wasakha Singh .....Petitioner v. State of Punjab .....Respondent .... Present: Mr. Ramdeep Partap Singh, Advocate for the petitioner. Mr. Shilesh Gupta, Deputy Advocate General, Punjab for the respondent-State. ..... S.S. Saron, J. Heard learned counsel for the parties. The petitioner seeks pre-arrest bail in a case registered against him on 7.6.2007 (Annexure-P.1) for the offences under Sections 302 and 34 IPC. The FIR (Annexure-P.1) has been registered on the statement of Bakshish Singh with respect to the incident that occurred on 5.6.2007. It has been alleged by the complainant-Bakshish Singh that his son Balkar Singh had been murdered by the accused. Wasakha Singh (petitioner) had caught hold of right hand of his son and Karam Singh (non-petitioner) caught hold of his left arm. Both of them twisted the arms of the son of the complainant towards his back and Kirpal Singh, who had a knife in his hand, gave a knife blow on the neck of Balkar Singh son of the complainant which hit straight on the wind pipe. The Deputy Superintendent of Police, Cr. Misc. No.M-228 of 2010 [2] Gurdaspur vide his report dated 20.8.2007 (Annexure-P.7) declared Wasakha Singh (petitioner) to be innocent and Kirpal Singh son of Sohan Singh and Karam Singh son of Mohinder Singh were held to be the main accused. It was observed that Wasakha Singh was, in fact, present with Hardev Singh in Village Attri Khana, Kalanaur on 6.6.2007. The statement (Annexure-P.8) of Hardev Singh has been submitted which is to the effect that on 6.6.2007 Wasakha Singh (petitioner) had come to his home and stated that he had links with the Speaker of the Vidhan Sabha and he should arrange some private job for him. Hardev Singh stated that he would talk with the Speaker. Hardev Singh and Wasakha Singh (petitioner) went to Amritsar to the house of the Speaker but they could not meet him. Wasakha Singh (petitioner) had stayed with Hardev Singh on that night i.e. 6.6.2007. On 7.6.2007, Hardev Singh left his house and later he came to know that Bakshish Singh-complainant has registered a case regarding missing of his son Balkar Singh against Wasakha Singh, Kirpal Singh sons of Sohan Singh and Karam Singh son of Mahinder Singh. According to Hardev Singh, Wasakha Singh had stayed with him and had not gone to his village and that Wasakha Singh has wrongly been named as an accused by the other party. The statement of the complainant Bakshish Singh has been recorded by the trial Court in which it is alleged that Wasakha Singh had caught hold of the right hand of Balkar Singh son of complainant Bakshish Singh (PW-1) and Karam Singh had caught hold of his left hand. Both of them twisted his arms towards his back and Kirpal Singh, who had a knife in his hand, gave a knife blow on his neck which hit straight on his wind pipe. A specific role has been attributed to the petitioner of catching hold of Balkar Singh Cr. Misc. No.M-228 of 2010 [3] (deceased) from his arm and twisting it towards the back which enabled Kirpal Singh to inflict the knife blow. On the basis of the statement of the petitioner, vide order dated 14.12.2009 (Annexure-P.6) both have been summoned as accused in terms of Section 319 Cr.P.C. The petitioner has been summoned in a case relating to commission of an offence under Section 302 read with Section 34 IPC. In the investigation he was found innocent, therefore, he is not required for the purposes of investigation, however, keeping in view the role attributed to the petitioner it is not a case which entitles him to pre-arrest bail. In the circumstances, the ends of justice would be met that in case the petitioner files an application for grant of regular bail the same be considered expeditiously and till such time it is considered, he remains on interim bail. Accordingly, the criminal miscellaneous petition seeking pre- arrest bail is dismissed. However, in case the petitioner applies for regular bail within a period of one week from receipt of copy of this order, he shall be granted interim bail till such time his application for regular bail is considered and the same shall be considered expeditiously. The criminal miscellaneous petition stands disposed of. March 22, 2010. (S.S. Saron) Judge *hsp*