- (1.) Heard learned counsel for the petitioner.
(2.) The FIR in the case has been recorded on the statement of Swaran Singh son of Dilawar Singh. In the incident that occurred on 3.1.2010 at 8.30 p.m. the petitioner was armed with .12 bore gun and was on D1 Mahindra tractor which was fitted with cultivator. The petitioner filed Criminal Misc. No.M-9003 of 2010 along with others for grant of pre-arrest bail. His application for pre-arrest bail was dismissed on 29.3.2010.
(3.) Learned counsel contends that in an inquiry that has been conducted by the DSP, Sub Division, Ferozepur, the petitioner has been found innocent. He was not present at the spot at the time of the alleged occurrence. During the night of 3.1.2010 when the occurrence is said to have taken place, the petitioner had gone to Village Killi to attend the last ceremonies on the death of his mother-in-law and during the night he stayed at Village Killi. A reference is made to the report dated 10.5.2010 (Annexure-P.6) in this regard. It may, however, be noticed that in case the pre-arrest bail is declined by this Court and the petitioner has been found to be innocent, the Police is not bound to arrest him.;