Punjab-Haryana High Court
Gurmukh Singh vs State Of Punjab on 3 March, 2025
Neutral Citation No:=2025:PHHC:029737
CRM-M-1969-2025 1
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
225
CRM-M-1969-2025 (O&M)
Date of decision: 03.03.2025
Gurmukh Singh
....Petitioner
Versus
State of Punjab
....Respondent
CORAM: HON'BLE MR. JUSTICE HARPREET SINGH BRAR
Present: Mr. K.S. Brar, Advocate
for the petitioner.
Mr. Nitesh Sharma, DAG, Punjab.
Mr. A.S. Sekhon, Advocate
for the complainant.
HARPREET SINGH BRAR J. (Oral)
CRM-5058-2025
Prayer in the instant application filed under Section 528 of
BNSS, 2023 is for placing on record the documents as Annexure P-5 to
P-7.
Allowed as prayed for subject to all just exceptions.
CRM-M-1969-2025 (O&M)
1. Prayer in this petition filed under Section 483 of the BNSS,
2023, is for grant of regular bail to the petitioner in FIR No.70 dated
27.05.2024 registered under Sections 324, 323, 447, 34 IPC (now
Sections 118(1), 115(2), 329(3), 3(5) of the Bharatiya Nyaya Sanhita,
2023, (in short ‘BNS, 2023’) and Section 326 IPC (now Section 118(2)
of BNS, 2023) added later on and offence under Section 302 IPC (now
1 of 5
::: Downloaded on – 04-03-2025 04:25:18 :::
Neutral Citation No:=2025:PHHC:029737
CRM-M-1969-2025 2
Section 103 of BNS, 2023) vide DDR No.20 dated 16.07.2024 at Police
Station Sadar Faridkot, District Faridkot.
2. The brief facts of the case are that Sharanpreet Kaur
(complainant) reported that on 26.05.2024, her uncle Gurmukh Singh
and brother Sukhmeet Singh forcibly attempted to take possession of
her land, which was inherited by her after the death of her father, Balvir
Singh, in the year 2010. The land was divided into five shares among
the family, and after selling their shares in December, 2023, Sharanpreet
and her mother continued to cultivate the remaining land. When
Sharanpreet and her mother intervened, Sukhmeet instructed Gurmukh
to attack them with a Kassi. Gurmukh hit Harpreet on the head and
shoulder, causing her to fall, and attempted to attack Sharanpreet, but
she avoided the blow. Later on, the accused attackers fled away from the
spot and Harpreet Kaur (mother of the complainant) was taken to the
hospital for treatment. Thereafter, the FIR (supra) was registered.
3. Learned counsel for the petitioner inter alia contends that
admittedly the alleged occurrence had taken place on 26.05.2024 and
the mother of the complainant, who received injuries was discharged in
a satisfactory condition on 05.06.2024. Thereafter, the offence under
Section 326 IPC was added on 16.07.2024. Learned counsel for the
petitioner refers to the supplementary statement dated 26.10.2024 made
by the complainant, recorded under Section 161 Cr.P.C., and submits
that the perusal of the aforementioned statement clearly indicates that
the deceased fell down from the scooter, which was being driven by the
2 of 5
::: Downloaded on – 04-03-2025 04:25:19 :::
Neutral Citation No:=2025:PHHC:029737
CRM-M-1969-2025 3
complainant on 02.08.2024 and she suffered injury on the left side of
her head and later on, the mother of the complainant passed away on
11.08.2024, on account of the injuries sustained by her. The cause of
death in the post-mortem report is complications of cerebral
compression, as a result of injury No.3, which is sufficient to cause
death in an ordinary course of nature. Learned counsel for the petitioner
has relied upon the post-mortem report and submits that injury Nos.1
and 2 were suffered by the deceased on 26.05.2024 whereas injury No.3
was suffered by the deceased after falling down from the Activa
Scooter, which was driven by the complainant and in view of the
specific opinion given by the Board of Doctors, the deceased had died
due to injury No.3, which she suffered on 02.08.2024 and accordingly,
the offence under Section 302 IPC was deleted on 08.11.2024 and the
final report under Section 173 Cr.P.C., was presented on 11.11.2024
only under Section 326 IPC.
4. Learned counsel for the petitioner further submits that the
petitioner is 65 years of age and is an Ex-Army personnel and he is
having only 01 kidney and he is also suffering from age related ailments
and the investigation is complete. There are total 25 prosecution
witnesses cited in the list of witnesses, out of which, none has been
examined till date and the trial is likely to take long time in conclusion.
5. Per contra, learned State counsel has filed custody
certificate today in the Court which is taken on record and he, assisted
by learned counsel for the complainant vehemently opposes the prayer
3 of 5
::: Downloaded on – 04-03-2025 04:25:19 :::
Neutral Citation No:=2025:PHHC:029737
CRM-M-1969-2025 4
made by learned counsel for the petitioner on the ground that the second
incident had taken place due to the injuries inflicted by the petitioner in
the earlier incident and the deceased was not fully recovered and injury
on the head of the deceased was declared grievous in nature, which was
given by a sharp edged weapon, however, he could not controvert the
fact that the petitioner is an Ex-Army personnel and out of 25 PWs, not
even a single prosecution witness has been examined till date.
6. Having heard learned counsel for the parties and after
perusing the record of the case, it transpires that the petitioner is behind
the bars from the last 06 months and 11 days. Investigation is complete.
The final report under Section 173 Cr.P.C. was presented before the
concerned Court. Out of 25 prosecution witnesses, no PW has been
examined so far.
7. A two Judge Bench of Hon’ble Supreme Court in
“Satender Kumar Antil vs. CBI“, (2022) 10 SCC 51, with respect to
prevailing conditions of undertrial prisoner in India has observed:
“6. Jails in India are flooded with undertrial prisoners.
The statistics placed before us would indicate that more
than 2/3rd of the inmates of the prisons constitute
undertrial prisoners. Of this category of prisoners,
majority may not even be required to be arrested despite
registration of a cognizable offence, being charged with
offences punishable for seven years or less. They are not
only poor and illiterate but also would include women.
Thus, there is a culture of offence being inherited by many
of them. As observed by this Court, it certainly exhibits the
mindset, a vestige of colonial India, on the part of the4 of 5
::: Downloaded on – 04-03-2025 04:25:19 :::
Neutral Citation No:=2025:PHHC:029737CRM-M-1969-2025 5
investigating agency, notwithstanding the fact arrest is a
draconian measure resulting in curtailment of liberty, and
thus to be used sparingly. In a democracy, there can never
be an impression that it is a police State as both are
conceptually opposite to each other.”
8. Further the culpability, if any, would be determined at the
time of trial and as such, no useful purpose will be served by further
detention of the petitioner-accused. Keeping the petitioner in further
detention without the prospect of the trial being concluded in the near
future, would be violative of his rights under Article 21 of the
Constitution of India.
9. In view the discussion above, the present petition is
allowed. Accordingly, without commenting upon the merits of the case,
the petitioner namely Gurmukh Singh, is ordered to be released on
regular bail during pendency of the trial, on his furnishing bail
bonds/surety bonds to the satisfaction of Illaqa Magistrate/Trial
Court/Duty Magistrate.
10. Nothing observed hereinabove shall be construed to be
expression of an opinion by this Court on merits of the case. The
learned Court below is directed to proceed with the matter on its own
merits, lest it may prejudice the trial.
(HARPREET SINGH BRAR)
JUDGE
03.03.2025
yakub Whether speaking/reasoned: Yes/No
Whether reportable: Yes/No
5 of 5
::: Downloaded on - 04-03-2025 04:25:19 :::