Advocates:
Advocate Appeared:
For the Appellant :Mr. I.S. Dhaliwal, Advocate, Mr. Amandeep Chhabra, Advocate
For the Respondent: Mr. Pardeep Bajaj, DAG, Punjab

JUDGMENT :

Kuldeep Tiwari, J.

Since both the petitions arise out of the same FIR therefore, both are taken together for its adjudication.

2. Through the instant petition filed under Section 439 Cr.P.C. the petitioners pray for grant of regular bail in case FIR No.70, dated 26.05.2022, under Sections 302, 201 and 34 of the IPC (Section 120-B IPC added latter on), registered at Police Station Sadar Malour, District Sri Muktsar Sahib.

ALLEGATIONS AGAINST THE PETITIONERS

3. The prosecution agency was set into motion on a complaint made by one Sardool Singh, who alleged that on dated 20.05.2022, at about 4:00 P.M. his son Vikramjeet Singh alisa Vicky, received a phone call and he left while saying that he will return home shortly, but he did not return. The complainant made several call to his son but he received no response. On dated 22.05.2022, he came to know that the dead body of his son has been recovered from the drain in the area of village Malout. As his son died in suspicious circumstances, therefore, the proceedings under Section 174 Cr.P.C., were carried out. Thereupon, the complainant at his own level conducted some inquiries, and discovered that his son Vikramjeet Singh (since deceased), has infact, been murdered by the present petitioners, by giving him some poisonous and intoxicant substance, which lead to his death and thereafter, they disposed of the body of aforesaid victim in a drain.

4. During the investigation both the petitioners were arrested, and they suffered disclosure statement, that they used to purchase the intoxicant substance (heroin) from one Lovepreet Singh, and thereupon, they used to consume it, and on dated 29.05.2022, Lovepreet Singh was also arrested in the instant matter.

5. It is admitted fact that the aforesaid Lovepreet Singh, has been granted regular bail by a co-ordinate Bench of this Court vide order dated 05.10.2023, passed in CRM-M-34599-2022.

SUBMISSIONS OF LEARNED COUNSEL FOR THE PETITIONERS

6. In asking for the relief (supra), learned counsel for the petitioners submit that till date, the prosecution has not been able to collect any evidence, to substantiate the allegations as alleged againts the present petitioners.

7. They further submit that except the statement of the father of the deceased-Vikramjeet Singh, that too based on suspicions, the prosecution has no evidence to connect the present petitioners with the crime

8. They further submit that till date the prosecution has no evidence to conclude that it is a case of homicidal death, as neither poison nor heroin, was detected in the viscera collected during postmortem of the deceased.

9. They also submit that the petitioners have already suffered incarceration of more than 1 year, and the trial is at initial stage, and conclusion of which will take long time, therefore, their further incarceration is unwarranted.

SUBMISSIONS OF THE LEARNED STATE COUNSEL

10. Per contra, the learned State counsel vociferously opposed the asked for relief, on the ground that they have committed heinous offence as they have administered overdose of heroin to the deceased which led to his death.

11. Further, he has placed on record a status report dated 15.04.2024 (in CRM-M-4670-2024), by way of affidavits of Mr. Pawanjit, DSP, Sub-Division, Malout, District Sri Muktsar Sahib, and also the custody certificate qua the petitioners, which are taken on record.

12. From the aforesaid reply, he draws attention of this Court towards Annexure R-3, which is a medical opinion of the concerned doctor, and according to that the effect of heroin remains in plasma only for 2-3 hours, and elimination of heroin from the body will take complete 24 hours. The relevant extract from the status report (supra) reads as under:-

"(v)...the efffect of Heorin remains in Plazma t ^1/2 of morphine:- 2-3 hours. Effect of parenteral dose:- 4-6 hours. Elimination of Heroin from body is almost complete in 24 hours and morphine is non-cumulative."

13. Learned State counsel, on instructions imparted