Cr.Misc. M 37639 of 2010 1 IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYNA AT CHANDIGARH. Cr.Misc. M 37639 of 2010 Date of decision:5.1.2011 Gurmail Singh Petitioner vs. State of Punjab Respondent Present: Mr. BS Bhalla, Advocate Mr. Rajesh Garg, Addl.A.G.Pb M.M.S.BEDI,J. This is a second petition filed by petitioner Gurmail Singh seeking the concession of pre-arrest bail. In the earlier petition, filed by the petitioner along with other accused, it was ordered that since offence u/s 307 IPC has been deleted and offence u/s 336 IPC has been added, the offence being bailable, it will be open to the petitioner along with Mewa Singh to surrender before the trial court and seek the concession of bail in case prima- facie no offence is made out against them. Learned counsel for the petitioner has contended that the petitioner is unable to achieve any benefit of the earlier order, passed by this court as offence u/s 25/27 Arms Act has also been mentioned in the FIR, as such, the petitioner has got an apprehension that his bail application will be dismissed. It is contended that the petitioner is apprehensive of being arrested despite the fact that he has only been attributed a lalkara being present on the spot with an iron rod, which was not even used by him. I have heard learned counsel for the parties and considered Cr.Misc. M 37639 of 2010 2 the facts and circumstances of this case. The petitioner, admittedly, was not armed with any weapon, which was allegedly used for firing. Offence u/s 25/27 Arms Act is not made out against the petitioner. He being a member of an unlawful assembly apprehends arrest. The gun shot was allegedly fired by co-accused Jaswinder Singh, non petitioner, who has been granted the concession of pre-arrest bail. Taking into consideration the totality of the circumstances, the petition can be allowed as the offence u/s 307 IPC has been deleted and offence u/s 336 IPC has replaced the said offence. Offence u/s 336 IPC is bailable and no offence under the Arms Act is made out qua the petitioner. Accordingly, the petition is allowed and it is ordered that in case of arrest of the petitioner or his surrendering before the Illaqa Magistrate, he will be released on bail to the satisfaction of the arresting officer or the concerned court 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. He will not commit the similar offence of which he is accused of. In case of violation of any of the above said conditions, it will be open to the prosecution agency or the complainant to seek the cancellation of bail granted to the petitioner. January 5 ,2011 ( M.M.S.BEDI ) TSM JUDGE