Advocates:
Advocate Appeared:
For the Appellant :Ms. Usha Rani, Advocate for Ms. Bandana Kumari Dogra, Advocate
For the Respondent: Mr. Pardeep Bajaj, DAG, Punjab.

JUDGMENT :

Kuldeep Tiwari, J. (Oral)

Through the instant petition, the petitioner craves for indulgence of this Court for his being enlarged on regular bail, in case FIR No. 111 dated 8.8.2021, under Sections 302, 450, 34 IPC, registered at P.S. Sarhali, District Tam Taran, Punjab.

2. The petitioner was earlier declared as a proclaimed offender on 12.12.2022 and thereupon, he was arrested in the instant FIR on 24.4.2023.

3. At the very outset, the learned counsel for the petitioner has placed on record the certified copy of order dated 15.12.2023, which is taken on record as Annexure A. The order (supra) passed by the learned trial Court concerned, reveals that the petitioner was discharged by the learned trial Court concerned, in case FIR No. 14 dated 24.1.2023, under Section 174-A of IPC, Police Station Sirhali, District Tarn Taran by observing that the compliance of Section 195 Cr.P.C. has not been made.

4. The learned counsel for the petitioner, in his asking for the hereinabove extracted relief, draw the attention of this Court to the FIR to submit that no role has been assigned to the present petitioner and in fact his name has been figured in the disclosure statement of main accused Karanbir Kaur d/o Dial Singh, who is infact granted the relief of default bail by the learned Magistrate concerned vide order dated 24.11.2021 (Annexure P-2). She further submits that except the disclosure statement, there is nothing on record, which can connect the present petitioner with the crime. The complainant-Harcharan Singh, while stepping into the witness box as PW1, has not supported the case of the prosecution and was declared hostile and, therefore, there is no evidence with the prosecution even to support the circumstantial evidence.

5. Before embarking upon the entitlement of the petitioner to be released on regular bail, let us first read out the FIR. The relevant extract of the FIR reads as under:-

"Statement of Harcharan Singh son of Joginder Singh, resident of Naushira Pannuan, Police Station Sirhali, age 45 years, Mobile: 98145-92450. Stated that I am resident of abovesaid address and I am labourer by profession. Amrik Kaur wife Jail Singh resident of village Naushira Pannuan is my uncle's daughter. Amrik Kaur was married with one Jail Singh son of Mahinder Singh, resident of village Dilavarpur, about 35 years back. After two years from the marriage, Amrik Kaur had started to reside at her parental home at village Naushira Pannuan, because her husband Jail Singh was serving in CISF. Amrik Kaur had been constructed her house here. Amrik Kaur had no her own child. She had adopted her Nanan's daughter [daughter of sisterin-law] Karanbir Kaur d/o Dial Singh, resident of village Vadala, near Ram Tirath Amritsar and Karanbir Kaur was permanently residing with Amrik Kaur. About 13-14 years ago Karanbir Kaur with her own desire had got solemnized her marriage with Gagandeep Singh son of Diwan singh, resident of village Bharowal, Police Station Goindwal Sahib. About three months back Jail Singh husbnd of Amrik Kaur was died. After death of Jail, Karanbir Kaur had started to visit at the house of her mother Amrik Kaur. After death of Jail Singh, Karanbir Kaur was wanted to grab benefits amounts alone to be received from the department, but Amrik Kaur had not wanted to give money to Karanbir Kaur. My house and Amrik Kaur's houses are opposite to each other. Yesterday night I was sleeping in my house and time will be around 1:30/ 2:00 AM, I heard the noise of knocking of door of Amrik Kaur's house, but because of heavy load of sleeping I slept again. In the morning I woke up at 5:30 AM and saw that main gate of Amrik Kaur's house was lying opened and I doubted on it, then made call to my brother Bhola Singh. After that I and my brother Bhola Singh went at the house of Amrik Kaur, upon reaching here we saw that Amrik Kaur was lying on cot in the courtyard. We shaked her, but she was died and there was symbol on the neck of Amrik Kaur. I have