IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
............ – Appellant
Versus
............ – Respondent
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Reserved on: 25.08.2025 Pronounced on: 01.09.2025 Sukhminderjit Singh ......Petitioner Versus State of Punjab & Anr.
......Respondent CORAM: HON'BLE MR. JUSTICE NAMIT KUMAR Argued by: - Mr. M.D.S. Gill, Advocate, Mr. P.B.S. Goraya, Advocate, Mr. S.S. Bhullar, Advocate, and Mr. S.P.S. Sandhu, Advocate, for the petitioner.
Mr. Hemant Aggarwal, DAG, Punjab.
Mr. J.S. Lalli, Advocate, and Mr. Manish Verma, Advocate, for the complainant.
NAMIT KUMAR, J.
1. Instant petition has been filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 seeking anticipatory bail in case FIR No.03 dated 09.01.2025 registered under Section 108 of the Bharatiya Nyaya Sanhita, 2023 at Police Station Sadar, District Hoshiarpur.
2. Present FIR was registered against the petitioner on the statement of complainant Baldev Singh that his daughter Parminder Kaur aged about 43 years was married with petitioner-Sukhminder Singh in the year 2007 and out of their wedlock, two children were born i.e. one girl, namely, Mannat Pabla and one son, namely, Sahibjot Singh. His son-in-law Sukhminder Singh is addicted to alcohol and he was harassing and maltreating his daughter without any rhyme or reason. He tried to make him understand but to no avail. He has taken back his Tata Punch vehicle from the petitioner due to which his son- in-law used to harass and maltreat/beat his daughter. In this regard, his daughter used to tell him on phone. On 08.01.2025, he along with other family members went to village Bilaspur to make understand the petitioner and he assured that he will not quarrel with the deceased. However, on the same day i.e. 08.01.2025 at about 4.30 p.m., his grandson Sahibjot Singh told Amarjit Kaur wife of the complainant that his father was quarrelling with his mother and gave beatings to her and due to this reason, her mother consumed some poisonous substance and she was being taken to IVY hospital, Hoshiarpur. The complainant talked with his daughter Parminder Kaur on phone, who told him that when they left their house, Sukhminder Singh raised quarrel with her and gave her beatings and due to this reason, she consumed celphos and is ending her life. Complainant along with his brother Jaswinder Singh and other relatives reached IVY hospital, where he found that his daughter Parminder Kaur was in serious condition. During treatment, she died on 08.01.2025.
3. Learned counsel for the petitioner submitted that the petitioner is innocent and has been falsely implicated in the present case. He further submitted that there is no previous complaint against the petitioner with regard to harassment or cruelty meted out to the deceased. He further submitted that in the FIR there is no specific allegation either of harassment or instigation/abetment against the petitioner. He further submitted that petitioner had taken his wife to the hospital. He further submitted that no offence under Section 108 of the BNS, 2023 is made out against the petitioner. In support of his contentions, learned counsel has placed reliance upon the judgments of the Hon’ble Supreme Court in Ramesh Kumar v. State of Chhattisgarh, 2001(4) RCR(Criminal) 537; Appeal (crl.) No.572 of 2002 – Sanju @ Sanjay Singh Sengar v. State of M.P. decided on 01.05.2002; Criminal Appeal No.1503 of 2010 – S.S. Chheena v. Vijay Kumar Mahajan and another decided on 12.08.2010 and judgments of this Court in CRM-M-12594 of 2013 – Jagdeep Kaur v. State of Punjab decided on 02.08.2013 and Madhya Pradesh High Court in Cri Appeal No.245 of 1994 – Bagdiram v. State of M.P. decided on 23.05.2005. He further submitted that the petitioner is ready and willing to join the investigation.
4. Per contra, learned State counsel, assisted by learned counsel for the complainant has opposed the prayer for grant of anticipatory bail to the petitioner. He further submitted that petitioner, who is husband of the deceased, used to harass and beat her wife due to which she
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