IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Date of decision: 25^th February, 2025 Subhash Chander @ Basha ...Petitioner Versus State of Punjab ...Respondent CORAM: HON'BLE MRS. JUSTICE MANISHA BATRA Present: Mr. G.S. Madaan, Advocate for the petitioner.

Ms. Himani Arora, Assistant Advocate General, Punjab.

Ms. Sandeep Berwal, Advocate for the complainant.

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MANISHA BATRA, J (ORAL):-

CRM-8033-2025 This application has been filed by the applicant for placing on record the copies of the statements recorded before the learned trial Court as Annexures P-3 to P-5.

For the reasons mentioned in the application, the same is allowed, subject to all just exceptions. Annexures P-3 to P-5 are ordered to be taken on record.

CRM-M-65058-2024 The present petition has been filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) by the petitioner seeking grant of regular bail in case bearing FIR No. 48 dated

12.02.2024 registered under Sections 302, 307, 34 and 120-B of IPC and Sections 25 and 27 of Arms Act, 1959 at Police Station Derabassi, District SAS Nagar.

2. The aforementioned FIR was registered on the basis of statement got recorded by the complainant Sandeep Singh on 12.02.2024 alleging therein that on the same day, at about 01:30 PM, he had received information that the victim Saroj Devi, who is his mother had been shot at by two unknown persons, who came outside her house while riding a motor bike, with muffled faces. She was rushed to the hospital by her neighbourer Vishavnath Partap @ Monu and was then referred to PGIMER, Chandigarh. On his statement, initially a case under Section 307 read with Section 34 of IPC and Sections 25 and 27 of Arms Act was registered. Investigation proceedings were initiated. The victim succumbed to her injuries on 15.02.2024, during the course of treatment. Offence under Section 302 of IPC was added. The post-mortem examination of the dead body was conducted.

3. On 20.02.2024, Kiran, daughter of the victim recorded a statement that she was an eye-witness to the incident but was extremely scared and hence could not disclose to the police that the victim used to have constant quarrels with her daughter-in-law Neha. Once, the present petitioner, who is uncle of Neha had extended threat to her that if Neha was not allowed to settle in her matrimonial house then her mother i.e. victim and other family members would face dire consequences. She alleged that infact, the present petitioner was responsible for murder of the victim.

4. The petitioner was nominated as an accused on the basis of statement of Kiran. He was apprehended and interrogated on 28.02.2024. He suffered a disclosure statement admitting the factum of hatching a conspiracy to kill the victim and further disclosed that he had engaged co- accused Naresh Kumar for committing murder of the victim by giving an amount of Rs. 3,00,000/- and that on the fateful day, accused Naresh Kumar along with his friend Akshay Kumar had fired shots with pistol upon the victim and had killed her. The above named Naresh Kumar and Akshay Kumar were nominated as accused. Offence under Section 120-b of IPC was added. In pursuance of his disclosure statement, the petitioner also got recovered one .32 bore pistol and live cartridge.

5. As per the further allegations, the petitioner also a suffered disclosure statement that he had arranged accommodation for the co-accused Naresh Kumar and Akshay for their stay at a hotel at Derabassi for committing the murder of the victim. The owner of the concerned hotel had been joined into investigation and the CCTV footage of the hotel had been taken. The co-accused Naresh Kumar and Akshay have also been arrested. They were identified by the owner of the hotel as the same persons who had stayed at his hotel on 08.02.2024 and 11.02.2024. The investigation stands concluded. The petitioner along with the co-accused is facing trial for commission of the aforementioned offences.

6. It is argued by learned