IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

204 Date of decision: 30.10.2025 KARNI SINGH @ JASKARAN SINGH ......Petitioner VERSUS STATE OF PUNJAB .......Respondent CORAM : HON'BLE MR. JUSTICE VINOD S. BHARDWAJ *****

Present: - Dr. Deepa Singh as Amicus Curiae for the petitioner.

Mr. Mohit Kapoor, Senior DAG, Punjab.

*****

VINOD S. BHARDWAJ, J. (Oral)

The instant second petition has been filed under Section 483 of The Bharatiya Nagarik Suraksha Sanhita, 2023, for the grant of regular bail in case bearing FIR No. 0197 dated 12.09.2021, registered under Section(s) 304, 34 of the Indian Penal Code, 1860 (Sections 302, 201 of the IPC were added later on) at Police Station Sadar Sri Muktsar Sahib, District Sri Muktsar Sahib. 2. No one has entered appearance on behalf of the petitioner, hence, it is deemed expedient to nominate an Amicus Curiae. Dr. Deepa Singh, who is present in the Court, is appointed as the Amicus Curiae to represent the case on behalf of petitioner to arrive at a decision. She has perused the case file and submits that the present FIR came to be registered on 12.09.2021 upon receipt of information regarding injuries sustained by Gurmeet Singh, who had been admitted to Nivaran Hospital, Bathinda. Since the injured was declared unfit to make a statement, Rapat No. 002 was recorded to that effect. Subsequently, the injured succumbed to his injuries on 12.09.2021, whereafter the instant FIR was formally registered on the basis of a statement made by Harpreet Kaur, wife of the deceased. In her statement, Harpreet Kaur alleged that on 01.09.2021 at about 8:00 P.M., she heard a commotion outside her house. On going out along with her husband Gurmeet Singh (since deceased), they saw their neighbours Mangal Singh, Karni Singh, and Raja Singh quarreling with her brothers-in-law, Lakhwinder Singh (Jeth) and Seepa Singh (Devar). At that time, Karni Singh was holding a stick. When Gurmeet Singh tried to intervene, Karni Singh struck him on the head with the stick, causing him to fall to the ground, whereafter the accused persons fled the scene with their respective weapons. A vehicle was arranged, and the injured was first taken to Civil Hospital, Sri Muktsar Sahib, from where he was referred to Guru Gobind Singh Medical College and Hospital, Faridkot. However, the family chose to shift him to Nivaran Hospital, Bathinda, where he later succumbed to his injuries. Accordingly, a case under Sections 304 and 34 IPC was registered against Mangal Singh, Karni Singh (the present petitioner), and Raja Singh. Subsequently, a supplementary statement of Harpreet Kaur was recorded, in which she disclosed the involvement of Kala Singh son of Pirthi Singh, and clarified that the petitioner Karni Singh was armed with an iron pipe fitted with an iron gear, which he used to assault and kill her husband Gurmeet Singh. In consequence, the offence was modified to Section 302 IPC vide Rapat No. 27 dated 13.09.2021.

3. Learned Amicus Curiae submits that the post-mortem of the body of deceased was conducted in Civil Hospital, Sri Muktsar Sahib vide report No. BD/NG/KK/MK/SMS/PMR/31/2021 dated 13.09.2021. The cause of death was recorded as under:-

“The cause of death in this case in our opinion is complications of craniocerebral damage as a result of injury as described, which is sufficient to cause death in ordinary course of nature.”

4. It was argued that the petitioner was arrested on 20.09.2021, and that the alleged weapon of offence has already been recovered during the course of investigation. It was further submitted that despite the petitioner having undergone actual custody of more than four years, the trial has not yet concluded, and only 11 out of 23 witnesses have been examined so far. Learned Amicus Curiae contended that the petitioner cannot be kept in prolonged pre-trial incarceration merely on account of the pendency of proceedings. She further contends that, prima facie, the case does not disclose an offence under Section 302 IPC