Cr.Misc. NO. M 8032 of 2009 1 IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Cr.Misc. NO. M 8032 of 2009 DATE OF DECISION 22.5.2009 Jagnandan Singh ......PETITIONER VERSUS State of Punjab ......RESPONDENTS PRESENT: Mr. AS Virk, Advocate Mr. PS Sidhu,Addl.A.G.Pb Mr. RBS Brar, Advocate M.M.S.BEDI,J. This order will dispose of the instant petition for pre-arrest bail in a case where the petitioner, who was earlier found innocent has been summoned u/s319 Cr.P.C. as an additional accused to face trial. Learned counsel for the complainant has contended that there are serious allegations against the petitioner of having fired at Gursewak Singh hitting him on the right arm. It has been argued that the son of the complainant has been killed in the incident and that the petitioner being a member of an unlawful assembly, deserves not to be granted the concession of pre-arrest bail. After hearing learned counsel for the parties and going through the police file, it appears that the name of the petitioner was not mentioned in the original statement made by the complainant. His name was mentioned in the supplementary statement recorded on the same day. So far as the part attributed to the petitioner is concerned, seeing to the MLR of injured Gursewak Singh, it appears that it will be a debatable point during trial whether the injuries received on the right arm of Gursewak Singh could be termed as injures received from a fire arm as the two injuries measuring 3 cm and 5 cm on the upper left arm of Gursewak Singh Cr.Misc. NO. M 8032 of 2009 2 were described as stitched wounds at the time of the examination. Chances of tampering with the evidence are remote as it does not appear to be a case where the petitioner has misused his liberty to tamper with the evidence. Besides this the petitioner has already put in appearance before the trial court pursuant to the interim directions of this court. This petition is allowed and interim order dated 24.3.2009 hereby confirmed subject to the condition that the petitioner will continue to appear before the trial Court and will not absent himself without any sufficient cause. May 22 ,2009 ( M.M.S.BEDI ) TSM JUDGE