236 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH DECIDED ON: 18.03.2025 DHARAMPAL SINGH @ DHARMU .....PETITIONER VERSUS STATE OF PUNJAB .....RESPONDENT CORAM: HON'BLE MR. JUSTICE SANDEEP MOUDGIL.

Present: Mr. Hitesh Verma, Advocate for the petitioner.

Mr. J.S. Rattu, DAG, Punjab.

SANDEEP MOUDGIL, J (ORAL)

CRM-M-6964-2025 Application is allowed, as prayed for.

CRM-M-9362-2025

1. Prayer This is a petition filed by the petitioner under Section 483 BNSS, 2023 seeking regular bail in FIR No. 93, dated 17.06.2022, under Sections 302 and 34 of IPC, 1860 registered at Police Station Sadar Bathinda, District Bathinda.

2. Facts The facts as narrated in the FIR reads as under:-

“First Information Contents: Statement of Jaswinder Kaur w/o Teja Singh s/o Malkit Singh r/o Near Majbi Sikha Vali Dharamshala, Village Multaniya, District Bathinda, aged about 45 years, mobile no. 98557-51350. It is stated that I am resident of above mentioned address and I am a house wife. My marriage was solemnized around 25/ 26 years ago with one Teja Singh s/o Malkit Singh r/o Village Multaniya Distt. Bathinda. They are three brothers, eldest brother namely Chadat Singh has already passed away. Then my husband and younger brother was Balkaur Singh. My younger brother in law was unmarried yet. He used to have his meal with us. He was a laborer. On 09/06/2022 at about 8.30/9.00 PM my brother-in-law namely Balkaur Singh went from our home on feet to bring curd and milk. When he did not return for some time then we enquired & came to know that my brother-in-law was lying in injured condition at some distance from our home at street going towards shop of Sewak @ Chilli. My grandson namely Gagandeep Singh along with son of my brother in law namely Harwinder Singh arranged a vehicle and took my brother in law namely Balkaur Singh to Civil Hospital Bathinda, where doctor gave first aid and referred him to some other hospital as his condition was serious. Upon which our boys took my brother in law Balkaur Singh to Aruna Hospital, Bhatti Road, Bathinda. They admitted my brother in law for one night and in the morning asked us to take him to Faridkot College. I along with our boys arranged the vehicle and took my brother-in-law to Medical College Faridkot where he had undergone treatment for 7 days. Till date we have no idea how my brother in law namely Balkaur Singh got injuries. Now on 16/06/2022 during treatment my brother in law namely Balkaur Singh has died. Till date we were searching for the persons who gave injuries to Balkaur Singh @ Kaur & now we came to know that Harpreet Singh @ Ghuggi s/° Chandar Singh, Gurbahajan Singh @ Jeeven s/o Amarjeet Singh, Dharampal Singh @ Dharmu s/o Surjit Singh, Manpreet Singh @ Manna s/o Manoher Singh r/o village Multania, District Bathinda had conspired with each other and killed my brother in law Balkaur Singh by giving him injuries. They all are friends. The motive of the crime is that some time ago my son Arashdeep Singh and Harpreet Singh @ Ghuggi had a verbal altercation with each other and Balkaur Singh had scolded Harpreet Singh due to which Harpreet Singh @ Ghuggi had nursed a grudge against my brother in law namely Balkaur Singh and die to which all of them by sharing common intention Physically assaulted him and resulted into his death. Legal action be taken against all of them. Statement has been given to you & I have read it and found it to be correct. SD/ Jaswinder Kaur. SD/ Harwinder Singh s/o Chadat Singh r/o Multania, Bathinda, witnessed SD/ Bikramjeet Singh SI SHO PS Saddar Bathinda. Dated 17/06/2022. XXX"

3. Contentions:

On behalf of the petitioner Learned counsel for the petitioner contends that it is purely a case of improvisation as when Balkaur Singh (since deceased) was found injured, it was unclear how he sustained these injuries and once he died unfortunately on 17.06.2022, FIR came to be lodged after a delay of 08 days as alleged occurrence took place on 09.06.2023 naming the petitioner and other co-