Crl. Misc. No. M- 34500 of 2008 (O&M) Manjit Singh vs. State of Punjab Present: Mr.S.K.Yadav, Advocate, for the petitioner. Mr.Aman Deep Singh Rai, AAG, Punjab. **** CRM No. 60694 of 2009 Application is allowed. The petitioner is exempted from filing the certified copy of Annexures P- 1. Crl. Misc. No. M- 34500 of 2008 This petition has been filed under Section 438 of the Code of Criminal Procedure (“Cr.P.C.” - for short) for grant of pre arrest bail to the petitioner in the event of arrest in FIR No.421 dated 28.11.2008 under Sections 304/34 IPC registered at Police Station City Kapurthala. Prosecution story, in brief, is that the complainant had taken his wife for delivery of a child to Parveen (wife of the petitioner), who was working as a Nurse. In this regard Parveen demanded Rs.7,000/- from the complainant and came to his house to help his wife to deliver a child. The complainant and his sister gave Rs.5,000/- to Parveen, who in turn, handed over the same to her husband Manjit Singh (petitioner). The petitioner then went away and Parveen started doing her job. After the delivery of a child, Parveen took out the intestines of the wife of the complainant instead of umbilical cord and due to this reason wife of the complainant died. Learned counsel for the petitioner has submitted that the Crl. Misc. No. M- 34500 of 2008 (O&M) -2- only role attributed to the petitioner is that the money taken by his wife had been handed over to him and thereafter, he had left the spot. Learned State counsel has opposed the petition and has submitted that the amount in question had been taken by the petitioner. In the present case, the petitioner was handed over the amount taken by his wife for helping the wife of the complainant to deliver a child. The wife of the petitioner had, in fact, carried out the necessary job of delivery of the child. Without expressing any opinion on the merits of the case and keeping in view the fact that the only role attributed to the petitioner is that his wife had handed over the money to him with regard to the job, which was to be performed by her, this petition is allowed. In the event of arrest, the petitioner be released on interim bail subject to the satisfaction of the Arresting Officer. The petitioner is directed to join investigation as and when required by the Investigating Officer and shall not leave the country without prior permission of the Court and shall not tamper the prosecution evidence. (SABINA) JUDGE January 13, 2009 anita