IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH

213 Date of decision: August 25, 2025 SANJAY .....Petitioner Versus STATE OF PUNJAB .....Respondent CORAM: HON'BLE MRS. JUSTICE MANJARI NEHRU KAUL Present: Mr. Prateek Sodhi, Advocate for the petitioner.

Mr. Kunwarbir Singh, AAG, Punjab with SI Harchand Singh.

MANJARI NEHRU KAUL, J.(ORAL)

1. The instant petition has been filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the petitioner in case FIR No.117 dated 19.07.2022 under Sections 302, 34 (and Section 324 added later on) of Indian Penal Code, 1860, registered at Police Station Majitha, District Amritsar Rural (Annexure P-1).

2. Learned counsel for the petitioner submits that the petitioner’s false implication in the present case is evident from the fact that although it was stated to be an eyewitness account, wherein the petitioner fatally injured the deceased Pawanjit Singh with a datar, however, all the three eyewitnesses including the complainant, who also happened to be the real brothers and father of the deceased Pawanjit Singh, had not supported the case of the prosecution, as a result of which they were all declared hostile. Learned counsel submits that in the circumstances, further incarceration of the petitioner would serve no useful purpose as 16 prosecution witnesses still remain to be examined, and coupled with the fact that the petitioner has now been in custody for more than three years having been arrested on

20.07.2022.

3. Per contra, learned State counsel, while opposing the prayer and submissions made by the counsel opposite, on instructions, has neither disputed the custody period of the petitioner nor has he, on instructions, disputed that all the three material witnesses/eyewitnesses stand examined, and did not support the case of the prosecution, as a result of which, they were all declared hostile. However, learned State counsel has reiterated the allegations levelled in the FIR (Annexure P-1), which stands reproduced hereinunder:-

“Statement of Karanjit Singh S/o Harjit Singh R/o Galowali Colonia Police Station Majitha District Amritsar Aged around 19 Years Mobile 9878897085 Stated that I am resident of above mentioned address and am doing work of fixing tiles and Marble, we are three brothers. Eldest one is Amritpal, younger than him is me and youngest one is Pawanjit Singh aged around 16 years, yesterday on dated 18.07.2022 all of us four brothers were present in house then in village itself there was birthday party of daughter of Karan son of Shiv Kumar, in which my elder brother Amritpal had also gone, since there was excess dark so in order to get him back me and my younger brother Pawanjit Singh and our father Harjit Singh had gone, then time was around 9.00/9.30 at night we saw that Ajay Kumar Parkash, Suraj son of Rampal, Sanjay son of Vijay Pal and Deepak present Sarpanch son of Galowali Colonies were arguing with my brother due amid some issue then we stopped them from arguing then Deepak Sarpanch raised challenge and said that caught hold them and let them teach him a lesson for arguing with us and then Ajay and Suraj caught hold my brother Pawanjit from his arms and Sanjay gave Sickle blow upon my brother Pawanjit which hit him on the right side of his throat then he ensanguined with blood and fell down on the floor, me and my father in order to disengage him went ahead then Sanjay again gave sickle blow upon my father which hit him upon his inside of his right thigh we raised clamour of killed - killed then above named assailants fled from the spot along with their respective weapons, this entire incidence has been seen by my brother Amritpal Sigh and father Harjit Singh, we made arrangement of vehicle took our brother at Bajwa Hospital Majitha, where Doctors checked my brother outside the Hospital itself and told that he has since been died, till date in concern of death of our brother we were busy while telling our family members and relatives,