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2026 Supreme(Online)(P&H) 7940

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
BALWINDER KUMAR ALIAS BINDRI – Appellant
Versus
STATE OF PUNJAB – Respondent



266 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of Decision: 03.02.2026 Balwinder Kumar @ Bindri ..... Petitioner Versus State of Punjab .......Respondent CORAM: HON'BLE MR. JUSTICE RAJESH BHARDWAJ Present: Mr. Fateh Sahota,, Advocate, for the petitioner.

Mr.K.D.Sachdeva, DAG, Punjab.

Rajesh Bhardwaj, J. (ORAL)

1. Petitioner has approached this Court by way of filing the present petition praying for grant of regular bail in case FIR No.74 dated 04.06.2024, registered under Sections 302, 506, 120-B IPC, at Police Station Meharban, Ludhiana.

2. As per the facts of the case the present case was registered on the statement of complainant, namely, Sarabjit Kaur. It was alleged that on 02.06.2024, her father, namely, Sukhwinder Singh (deceased) along with her brother, namely, Gurpreet Singh were trying to remove the sewage water that was collected outside their house. At about 9:30 pm, Amarjit Kaur and her husband Jagdish, Rani, Jaswinder Singh @ Bindar, Bindri (petitioner), Vickyy, Lucky and Golu @ Manpreet Singh started resisting the same. After the heated arguments, the dispute escalated and they all started beating her father Sukhwinder Singh. Amarjit Kaur pushed her father and as a result of which, he fell down and thereafter, Rani raised lalkara to teach him a lesson. Thereafter, Jaswinder Singh @ Binder had gave a brick blow on the head of her father. Others also gave kick blow while he was lying down. While lying down, Bindri held her father from the hair and gave forceful blow of bricks in the backside of the head, due to which her father fell unconscious. Thus, her father suffered injuries and thus, he was shifted to Civil Hospital, Ludhiana where he died on 03.06.2024. The request was made to take legal action against the culprits. On registration of FIR, investigation commenced. The petitioner was arrested on 10.12.2024. Petitioner approached learned Additional Sessions Judge, Ludhiana praying for grant of bail, however, finding no merit, his application was declined after hearing both the sides vide order dated 17.04.2025. Aggrieved by the same, petitioner is before this Court by way of filing of present petition.

3. Learned counsel for the petitioner, at the outset, prays for the grant of bail to the petitioner on the basis of parity with that of the co- accused, namely, Amarjit Kaur, Rani and Jagdish Ram. He has drawn the attention of this Court to the order dated 25.02.2025, 19.08.2025 and 02.12.2025 passed in CRM-M-52871-2024, CRM-M-24056-2025 and CRM-M-24879-2025, whereby, co-accused Amarjit Kaur, Rani and Jagdish Ram, respectively, have been granted regular bail by this Court. To buttress his arguments, he submits that the complainant has been examined as PW-1 before the trial Court and she has not supported the case of the prosecution and thus, she turned hostile. He submits that on the basis of the parity, the petitioner deserves to be granted bail as the case of the petitioner is similar to that of the said co-accused, who have already been granted bail.

4. Learned State counsel has endorsed the factum of grant of bail to the co-accused of the petitioner as stated above and has not denied that the petitioner is at par with the co-accused, namely, Amarjit Kaur, Rani and Jagdish Ram. On instructions, he has submitted that the out of total 18 prosecution witnesses, 03 witnesses have been examined. He has placed on record the custody certificate of the petitioner.

5. After hearing learned counsel for the parties and perusing the record, it is deciphered that the petitioner was arrested in this case on 10.12.2024. Co-accused, namely, Amarjit Kaur, Rani and Jagdish Ram are on bail and the case of the petitioner as stated is at par with them. Custody certificate of the petitioner shows that the petitioner has suffered incarceration of 01 year, 01 month & 22 days as on 02.02.2026. It further reflects that the petitioner has not criminal antecedents. Out of total 18 prosecution witnesses, 03 witnesses have bee

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