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Judgment
SUMEET GOEL, J. (ORAL)
Present petition has been filed under Section 483 of BNS 2023 for grant of regular bail to the petitioner in case bearing FIR No.114 dated 01.08.2024 registered for the offences punishable under Sections 103, 140, 191 (3), 190, 324(4), 351(2) of BNS 2023, at Police Station Talwandi Sabo, District Bathinda, Punjab.
The case set up in the FIR in question (as set out by the petitioner in the present petition) is as follows:-
“Copy statement, "Statement of Chhinder Kaur, wife of Ajaib Singh, son of Mukhtiar Singh, resident of Sekhpura, Hal Abad, Maur Kalan, Raghu Patti, Ward No. 04. Age about 48 years, Mobile No. 99158-40525, stated that I am a resident of the above address. I was married to Ajaib Singh, son of Mukhtiar Singh, resident of Sekhpura, about 30 years ago. Our sons are elder Gurwinder Singh, age 26, younger Inderjit Singh, age 25. We, the entire family, have been living in Maur Kalan for about 25 years and are doing our hard work. The real father of Ajaib Singh from my family was Chhota Singh, Ajaib Singh and his 3 brothers were elder Megha Singh and Bega Singh. Ajaib Singh was adopted by his uncle Mukhtiar Singh. Later, other sons of Mukhtiar Singh's family, Jagga Singh and Jagdeep Singh, were born, all of them along with their families, moved to the village. We live in Sekhpura, we have a total of 07 kanals of household land, which is on the Fatehgarh-Naubad road in village Sekhpura, in which I have about five kanals of land in my name. We also have possession of the remaining kanals. Our other houses have 09 kanals of land and they quarrel about the 02 kanals of land in my possession, we have also had a panchayat meeting many times. They do not stand on any issue. Yesterday, on 31-07-2024, I along with my family members Ajaib Singh, son Inderjit Singh and five or seven other laborers came to plant paddy in our fields. At around 05 o'clock in the evening, we were planting paddy in our fields, so in that time, my brother-in-law Megha Singh having Gandasa, brother-in-law Jagga Singh having axe, brother-in-law Jagdeep Singh having Gandasa, Darshan Singh son of Gulzar Singh having khapra, and about 15/20 unknown people men came to our fields on motorcycles and as soon as they arrived, my brother-in-law Jagga Singh challenged me and said, "Let Ajaib Singh taste the pleasure of planting paddy in the disputed land." Saying this, Jagga Singh gave blow on my husband Ajaib Singh with his axe, which hit him on the left side of his neck. Then Jagdeep Singh gave blow on my husband Ajaib Singh with his axe, which hit his right thigh. Then Megha Singh gave blow on my husband Ajaib Singh with his hand axe, which hit his right thigh. My husband Ajaib Singh fell down. When he fell, Darsan Singh hit on my husband with his hand axe, which hit his left elbow. When he fell, unknown persons beat him with sticks and kicked him in the legs and the unknown persons hit our motorcycle with their hands. They vandalized with sticks. They chased away our laborers by threatening them and started threatening us that leave here or else you too will face the same fate as Ajaib Singh. We ran away in fear. In front of us, Jagga Singh, Jagdeep Singh, Megha Singh, Darshan Singh, etc., picked up my family member, put him on a motorcycle and kidnapped him with the intention of killing him. Then we chased them and all these people took my family member to the house of Jagga Singh and Jagdeep Singh and then started beating up my family member Ajaib Singh. We shouted for help and the people around gathered. Seeing all these people gathering, they ran away with their weapons. Among our relative, Baljinder Singh, son of Bega Singh, resident of Sekhpura, took his car and admitted my hushand to the Civil Hospital in Talwandi Sabo for treatment. We also came with him and husband died shortly after reaching the hospital. The reason of enmity that Jagga Singh. Jagdeep Singh, Megha Singh, Darshan Singh etc. used to stop us from farming on our land and want to take possession of it by force. Earlier, they had beaten up my husband Ajaib Singh and me about 3 months ago. A case has been registered against Megha Singh, Darshan Singh etc. Yesterday, on 31-07-2024, Jagga Singh. Jagdeep Singh, Megha Singh Darshan Singh and 15-20 unknown persons beat up my husband Ajaib Singh and took him to their house, where they went and beat up Ajaib Singh badly due to which my husband Ajaib Singh died. Appropriate legal action should be taken against the accused Jagga Singh, Jagdeep Singh, Darshan Singh, Megha Singh and 15-20 unknown persons. Gursewak Singh alias Khamma member of our village used to support them earlier, he wrote a statement to you, he heard it, it is okay, action should be taken. R.T. //- Chhinder Kaur said, confirmed true/-Inderjit Singh son of Ajaib Singh resident of Sekhpura, currently Maur Kalan, confirmed true/-Parbat Singh SI. SD/”
Learned counsel for the petitioner has submitted that the petitioner is in custody since 25.12.2024. Learned counsel for the petitioner has further submitted the petitioner has been falsely implicated into the FIR in question. Learned counsel for the petitioner has further argued that no specific role is attributed to the petitioner, although he was a part of the unlawful assembly which is alleged to have committed the murder. Learned counsel has submitted that co-accused, namely, Gurpreet Singh alias Labhi and Amandeep Singh @ Gaggu, have been extended the concession of regular bail by this Court vide orders dated 13.05.2026 and 16.03.2026, passed in CRM-M-25974-2026 and CRM-M-11870-2023, respectively. Thus, regular bail is prayed for.
Learned State counsel has filed reply by way of affidavit dated 23.08.2026, which is taken on record. Copy thereof has been furnished to learned counsel for the petitioner. Raising submissions in tandem with the said reply, learned State counsel has opposed the present petition by arguing that the allegations raised are serious in nature and thus the petitioner does not deserve the concession of regular bail. Learned State counsel seeks to place on record custody certificate dated 08.09.2026 in Court, which is taken on record.
I have heard counsel for the parties and have gone through the available records of the case.
The petitioner was arrested on 25.12.2024 whereinafter investigation was carried out and challan qua the petitioner was presented on 13.03.2025. Total of 47 prosecution witnesses have been cited, out of which only 2 has been examined till date. It is not in dispute that the conclusion of trial will take long time. At this juncture, it would be apposite to refer herein to the dicta passed by the Hon’ble Supreme Court Javed Gulam Nabi Shaikh vs. State of Maharashtra and another, 2024(3) RCR (Criminal) 494, relevant whereof reads thus:
“18.Criminals are not born out but made. The human potential in everyone is good and so, never write off any criminal as beyond redemption. This humanist fundamental is often missed when dealing with delinquents, juvenile and adult. Indeed, every saint has a past and every sinner a future. When a crime is committed, a variety of factors is responsible for making the offender commit the crime. Those factors may be social and economic, may be, the result of value erosion or parental neglect; may be, because of the stress of circumstances, or the manifestation of temptations in a milieu of affluence contrasted with indigence or other privations.
19.If the State or any prosecuting agency including the court concerned has no wherewithal to provide or protect the fundamental right of an accused to have a speedy trial as enshrined under Article 21 of the Constitution then the State or any other prosecuting agency should not oppose the plea for bail on the ground that the crime committed is serious. Article 21 of the Constitution applies irrespective of the nature of the crime.”
The rival contentions of the learned counsel for the parties; as to the whether the petitioner has been falsely implicated into the FIR, shall be gone into during the course of trial. This Court does not deem it appropriate to delve deep into these rival contentions, at this stage lest it may prejudice the rights of either of the parties. Nothing tangible has been brought forward to indicate the likelihood of the petitioner absconding from the process of justice or interfering with the remaining prosecution evidence.
As per the custody certificate dated 08.09.2026 filed by the learned State counsel, the petitioner has suffered incarceration for 1 year, 08 months and 11 days & is not involved in any other case.
Suffice to say, the further detention of the petitioner in custody is not required in the facts and circumstances of the case.
In view of above, the petition in hand is allowed. The petitioner is ordered to be released on regular bail on his furnishing bail/surety bonds to the satisfaction of the learned concerned CJM/Duty Magistrate. However, in addition to conditions that may be imposed by the concerned CJM/Duty Magistrate, the petitioner shall remain bound by the following conditions:-
The petitioner shall not mis-use the liberty granted.
The petitioner shall not tamper with any evidence, oral or documentary, during the trial.
The petitioner shall not absent himself on any date before the trial.
The petitioner shall not commit any offence while on bail.
The petitioner shall deposit his passport, if any, with the trial Court.
The petitioner shall give his cell phone number to the Investigating Officer/SHO of concerned Police Station and shall not change his cell-phone number without prior permission of the trial Court/Illaqa Magistrate.
The petitioner shall not in any manner try to delay the trial.
In case of breach of any of the aforesaid conditions and those which may be imposed by concerned CJM/Duty Magistrate as directed hereinabove or upon showing any other sufficient cause, the State/complainant shall be at liberty to move cancellation of bail of the petitioner.
Ordered accordingly.
Nothing said hereinabove shall be construed as an expression of opinion on the merits of the case.
Since the main case has been decided, pending miscellaneous application, if any, shall also stands disposed off.