The court established that bail is the default option in criminal law, emphasizing the presumption of innocence and the right to a speedy trial, prior to evaluating eyewitness testimony.

JUDGMENT :

Kuldeep Tiwari, J.

CRM-43695-2024

1. As prayed for, the instant application is allowed. Copy of the testimony of PW7 Nishu is taken on record as Annexure P-4.

CRM-M-35393-2024

2. Through the instant petition cast under Section 439 of the Cr.P.C., the petitioner craves for him being enlarged on regular bail, in case FIR No.148 dated 28.10.2022, under Section 302 of the IPC, registered at P.S. Nangal, District Rupnagar.

GIST OF THE FIR AND INVESTIGATION

3. The genesis of the present FIR is embodied in the statement made by one Harjit Kaur (hereinafter referred to as the ‘complainant’). The death of the complainant’s husband Shadi Lal (hereinafter referred to as the ‘deceased’) has constituted the bedrock for registration of the present FIR. Succinctly stated, the present FIR embodies allegations that the petitioner, in connivance with his co-accused, committed murder of the deceased.

4. The relevant extract of the present FIR, as narrated in the status report dated 28.09.2024, is reproduced hereunder:-

“….complainant- Harjit Kaur (wife of deceased) met the investigating officer and got recorded her statement averring therein that on 25.10.2022 at about 07:30 PM, her husband Shadi Lal left the house by telling her that he had to go with petitioner- Kamal Kishore and after about half an hour he returned to the house and he told the complainant- Harjit Kaur that they had come after paying obeisance at village Bhallri and thereafter, Shadi Lal again left the house and at about 09:30/10:00 PM, Shadi Lal was brought by Ajay Kumar and Chander Shekhar to the house and they told the complainant- Harjit Kaur that he was drunken and was lying at the outskirt of the village and her husband- Shadi Lal had injuries on his face and there was swelling at the backside of his head. It was further averred by the complainant- Harjit Kaur that her husband- Shadi Lal did not regain senses till 03:30 AM, and then doctor was called in the house, who after checking told that the deceased- Shadi Lal had an internal head injury and the doctor advised to take the him to the hospital, accordingly, the injured- Shadi Lal was rushed to Civil Hospital, Nangal. It is further averred by the complainant- Harjit Kaur that at Civil Hospital, Nangal, CT Scan of her husband- Shadi Lal was carried out by the doctors and after checking the same, the doctors asked her to take the injured- Shadi Lal to PGI Chandigarh and they rushed him to PGI Chandigarh, where Shadi Lal died in the morning of 27.10.2022. It was concluded by the complainant- Harjit Kaur that her husband had gone with petitioner- Kamal Kishore and she suspected that Kamal Kishore and some other persons have killed her husband and she requested to verify the causes of death of her husband- Shadi Lal and to take action against the concerned.”

5. During the course of investigation, statements of witnesses, including an eyewitness Nishu, under Section 161 Cr.P.C. were recorded. The testimony of said eyewitness Nishu, as recorded before the learned trial Court when she stepped in the witness box as PW7, is reproduced hereunder:-

“Stated that my husband is working in BBMB Nangal. On 25.10.2022, there was Vishwakarma day however, my husband had attended the office on that day and due to Vishwakarma day I had gone to light the earthen pot (Diyas) at my old house in the village Kulgram and it was about 09/09.15PM while I was on the way to my old house then I saw that Ajay Kumar S/o Ram Pal, Kamal Kishore S/o Malkiat Singh and Shadi Lal S/o Gareeb Dass were fighting with each other near the shops of Ajay Kumar and the lights of the shops were on. In the m