The court emphasized the diminishing need for pre-trial detention when prosecution evidence nears completion, recognizing the accused's right to prepare a defense.

JUDGMENT :

SUMEET GOEL, J.

1. Present second petition has been filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘ BNSS ’) for grant of regular bail to the petitioner in case FIR No.44 dated 11.07.2022 under Sections 307 , 324, 323,506 and 34 of the IPC , registered at Police Station Maloud, District Khanna, Ludhiana.

2. The case set up in the FIR in question (as set out in the present petition by the petitioner) is as follows:-

“Statement of Tirath Singh son of Nachhattar Singh resident of village Sihora, PS Maloud, District Ludhiana aged about 27 years. mobile No.81959-75814. Stated that I am resident of above stated address and working as a meson (Raj Mistri). We are three brothers. My brother Balbir Singh is married. I and my elder brother Avtar Singh are unmarried. Avtar Singh resides in Gurudwara Sahib and we are residing alongwith our parents. My father Nachhattar Singh is running a cycle repair shop near co- operative Bank Sehora. My uncle Harjinder Singh @ Raj son of Gurdial Singh is running a shop of slippers making adjoining the shop of my father. My uncle Harjinder Singh @ Raj and his son Angrej Singh used to sleep in their shop at night. On 10.07.2022 at about 9.30 PM my uncle Harjinder Singh @ Raj used bad words against my mother before my father Nachhattar Singh and due to that altercation took place between Harjinder Singh and my father Nachhattar Singh, but with the intervention of the villagers the matter was sought out. When I came to know about the same I brought my father back to home. At about 11.30 PM my father told me that our shop had been left without lock and told me that he is coming back after locking the shop and my father went to the shop from our house. I started watching my father by standing at road and when my father was closing the shutter of the shop, then my uncle Harjinder Singh @ Raj and his son Angrej Singh came out of their shop. Angrej Singh started abusing my father loudly and my uncle was carrying his artisan to used for the cutting of leather i.e. rambi and he proceeded towards my father and I came forward to rescue myfather, but my uncle attacked my father on the left side his stomach with above said took with intention to kill him and my father received grievous injury and his intestine were exposed. Thereafter my uncle again attacked my father on his face and on head with the above said took which hit on the right jaw of my father. Thereafter, my uncle Harjinder Singh @ Raj attacked with above said tool and my father raised his left arm for his rescue which hit the underarm of my father and my father got seriously injured and as a result of the injuries my father fell down. While my father was lying down, then Angrej Singh kicked him with his feet and my uncle Harjinder Singh @ Raj again attacked my father on his back with the above said took when he was lying down. I raised alarm and the people from the neighborhood started gathering at the spot and my uncle and his son while giving threats to us went back into their shop and locked the shutter from inside. I got admitted my father to civil hospital Maloud from where he was referred to civil hospital, Ludhiana and from where he was again referred to Rajindera Hospital, Patiala, the treatment of my father is going on and still he is unconscious. The bone of contention is that my uncle Harjinder Singh @ Raj used bad words for my mother Bhinder Kaur and my father stopped him from doing the same and due to that my uncle Harjinder Singh @ Raj and his son Angrej Singh gave injuries to my father. I have got recorded my statement to you at Rajindra Hospital, Patiala and heard the same. Legal action may kindly be taken. Sd/- Tirath Si