V.K.Jhanji, J.

1. In F.I.R. No. 216 dated 26.4.1994, P.S. Civil Lines, Hissar, under Sections 302/201, Indian Penal Code, Sessions Judge, Hissar, refused to grant concession of pre-arrest bail to Dr. Balbir Singh, but gave this concession to the respondents namely Gumesh Bishnoi, brother of Dr. Balbir Singh and Ashok Kumar son of Dr. Balbir Singh, subject to the condition that they would join investigation in the case as and when called and shall comply with the other conditions as mentioned in sub-section (2) of Section 438 Cr.P.C. Feeling aggrieved of the order, the State has filed this petition under Section 439(2) Cr.P.C. praying that the impugned order be set aside and pre-arrest bail allowed to the respondents be canceled.

2. The facts which have given rise to this petition are as under :-

3. Gurmesh Bishnoi, respondent No. 1 herein, who retired as Chairman of Haryana Public Service Commission is, by profession, an Advocate. He alongwith his brother, Dr. Balbir Singh and Ashok Kumar, respondent No. 2 herein, are residing in House No. 101, Sector 15-A, Hissar. In the early hours of morning on 25.4.1994, one Ram Dial, aged 16/17 years, employed as servant, was found dea