IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Date of decision : 06.03.2025 Harjinder Singh @ Kaddu ..... Petitioner VERSUS State of Punjab ..... Respondent CORAM: HON’BLE MS. JUSTICE KIRTI SINGH Present: Mr. L.S. Mann, Advocate, for the petitioner.

Ms. Aakanksha Gupta, AAG, Punjab.

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KIRTI SINGH, J. (Oral)

The jurisdiction of this Court under Section 483 of BNSS, 2023 has been invoked for grant of regular bail to the petitioner in case FIR No.263 dated 09.12.2022, under Section 306 IPC, registered at Police Station Shahkot, District Jalandhar.

2. The translated version of the FIR is reproduced below:-

‘Statement of Sukhwinder Kaur wife of Gurpal Singh son of Swaran Singh r/o Village Jaania, PS Shahkot, Distt. Jalandhar, aged about 36 years, M.No.95921-88250. Stated that I am a resident of abovementioned address and do domestic work. My younger sister Rajwinder Kaur aged about 35 years is married to my brother in law namely Balwinder Singh alias Binda son of Swaran Singh r/o Village Jaania. My brother in law would keep on visiting Dubai for the past 14-15 years. My sister is having two children. The elder is son namely Simranpreet Singh and younger daughter name is Sahibpreet Kaur. My sister Rajwinder Kaur was having relation for the past 1 year with Sukhpreet Singh alias Sukha son of Balbir Singh r/o Kohar Kallan, PS Shahkot and Sukhpreet Singh alias Sukha would accompany her forcibly. My sister's son namely Simranpreet Singh after being fed up from the acts of my sister and Sukhpreet Singh alias Sukha committed suicide by taking poison about two months ago. Simranpreet Singh used to live at his maternal grandparents house at village Kang Sab Rai, PS Sadar Nakodar. At the time of death of Simranpreet Singh, my brother in law Balwinder Singh alias Billa came back from Dubai to India and due to the death of his son, he took panchayati divorce from my sister. Thereafter my sister Rajwinder Kaur alias Rajji started living with Sukhpreet Singh alias Sukha. Yesterday, on 18.12.2022, I received a phone call from my sister Rajwinder Kaur alias Rajji and who told me that Sukhpreet Singh alias Sukha and Harjinder Singh alias Kaddu son of Kewal Singh r/o Kohar Kalan, PS Shahkot, used to harass her a lot and she had taken sulphas tablets after being fed up from them and she cannot be saved. This incident happened about 8 pm. Then Sukhpreet Singh alias Sukha and Harjinder Singh alias Kaddu got my sister admitted in Civil Hospital Shahkot from Kohar Kalan where I and my husband Gurpal Singh alias Pala also reached. Doctor told us that my sister has passed away. Sukhpreet Singh alias Sukha and Harjinder Singh alias Kaddu went away from the spot. As it was a night time, so we did not record our statement and today I came alongwith my husband Gurpal Singh for getting my statement recorded. Kindly take legal action against Harjinder Singh alias Kaddu and Sukhpreet Singh alias Sukha aforesaid. Statement has been got recorded, heard and is correct. The dead body of my sister is lying in the cremation ground. Sd- Sukhwinder Kaur attested by Gurpal Singh, attested by Salinder Singh ASI PS Shahkot dated 9.12.2022.’

3. Learned counsel for the petitioner inter alia submits that the petitioner has been falsely implicated in the present case solely because he, being a friend of the main accused-Sukhpreet Singh @ Sukha, was present at the hospital where the deceased was admitted. He vehemently contends that no ingredients under Section 306 IPC are made out against the present petitioner, who has undergone an actual custody of 02 years and 07 days.

4. Per contra, learned State counsel has vehemently opposed the submissions made by the learned counsel for the petitioner. She states that the petitioner was actively involved in the commission of the offence. She has filed custody certificate in Court today and the same is taken on record. As per custody certificate, the petitioner has undergone an actual custody of 02 years and 07 days and there is anot