CRM-M-36328 IN THE HIGH COURT OF PUNJAB AND HARYANA AT MANPREET SINGH STATE OF PUNJAB CORAM: HON'BLE MRS. JUSTICE MANISHA BATRA 1 The date when the judgment is reserved 2 The date when the judgment is pronounced 3 The date when the judgment is uploaded on the website 4 Whether only pronounced or whether the full judgment is pronounced 5 The delay, if any, of the pronouncement of full judgment and reasons thereof. Present: Mr. Ms. Sakshi Bakshi, AAG, Punjab **** MANISHA BATRA, J. 1. The under Section 483 of “BNSS”) for grant of 13.03.2024 registered under Section 302 of IPC at Police Station Garhdiwala, District Hoshiarpur. was dismissed as withdrawn on 19.01.2026. 2. The aforementioned FIR was re recorded by the complainant, 36328-2026 (O&M) 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM MANPREET SINGH Versus PUNJAB HON'BLE MRS. JUSTICE MANISHA BATRA The date when the judgment is reserved The date when the judgment is pronounced The date when the judgment is uploaded on the website Whether only operative part of the judgment is pronounced or whether the full judgment is pronounced The delay, if any, of the pronouncement of full judgment and reasons thereof. Mr. Tanvir Singh Attariwala, Advocate for the Ms. Sakshi Bakshi, AAG, Punjab **** MANISHA BATRA, J. The instant one is the second petition filed by the petitioner Section 483 of Bharatiya Nagarik Suraksha for grant of regular bail in case arising out of FIR No. 13.03.2024 registered under Section 302 of IPC at Police Station Garhdiwala, District Hoshiarpur. His previous petition bearing No.CRM was dismissed as withdrawn on 19.01.2026. The aforementioned FIR was registered on the basis of statement by the complainant, Narajan Kaur alleging therein that on the IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-36328-2026 (O&M) ... Petitioner ...Respondent HON'BLE MRS. JUSTICE MANISHA BATRA The date when the judgment is reserved 09.09.2026 The date when the judgment is pronounced 10.09.2026 The date when the judgment is uploaded on the 10.09.2026 operative part of the judgment is pronounced or whether the full judgment is Full The delay, if any, of the pronouncement of full Not applicable Advocate for the petitioner Ms. Sakshi Bakshi, AAG, Punjab petition filed by the petitioner Suraksha Sanhita, 2023 (for short arising out of FIR No.15 dated 13.03.2024 registered under Section 302 of IPC at Police Station Garhdiwala, petition bearing No.CRM-M-1227-2026 gistered on the basis of statement Narajan Kaur alleging therein that on the petition filed by the petitioner Sanhita, 2023 (for short 15 dated 13.03.2024 registered under Section 302 of IPC at Police Station Garhdiwala, 2026 gistered on the basis of statement Narajan Kaur alleging therein that on the AMIT SHARMA 2026.09.10 15:08 I attest to the accuracy and integrity of this order/judgment. CRM-M-36328 intervening night of 12/13.03.2024, she along with her grandsons was sleeping in her house. At about 1:00 AM, on hearing some noises from the room of her elder grandson Manjot Singh, she had woken up and came out of her room. Within her sight, her younger grandson Manpreet Singh, present petitioner, who was carrying an iron axe, struck blows on the person of Manjot Singh, due to which he sus and he succumbed to the injuries. She raised alarm and then the petitioner had managed to flee. of land in his name about one month back for a sum of Rs. with her consent, was going abroad, whereas the petitioner was demanding money from the victim. 3. After registration of FIR, investigation proceedings were initiated. Post conducted. The gandasa used in the crime was recovered from him. Investigation now stands concluded. 4. It is argued by learned counsel for the petitioner that he has been falsely implicated in this case. He h about two and a half years. The trial will take considerable time to conclude as only 11 out of 20 witnesses have been examined so far. The complainant, who was the only eye as PW-9, but has not implicated the petitioner in commission of subject offences. There is no other circumstance to connect him with the commission of offence of murder of the victim. Each day spent by him in custody has 36328-2026 (O&M) 2 intervening night of 12/13.03.2024, she along with her grandsons was sleeping in her house. At about 1:00 AM, on hearing some noises from the her elder grandson Manjot Singh, she had woken up and came out of her room. Within her sight, her younger grandson Manpreet Singh, present petitioner, who was carrying an iron axe, struck blows on the person of Manjot Singh, due to which he sustained injuries, blood started oozing out, and he succumbed to the injuries. She raised alarm and then the petitioner had managed to flee. The cause of grudge was that the victim had sold one acre of land in his name about one month back for a sum of Rs. with her consent, was going abroad, whereas the petitioner was demanding money from the victim. After registration of FIR, investigation proceedings were initiated. Post-mortem examination of dead body of the victim was conducted. The petitioner was arrested on the same day. The blood gandasa used in the crime was recovered from him. Investigation now stands It is argued by learned counsel for the petitioner that he has been falsely implicated in this case. He has suffered incarceration for a period of about two and a half years. The trial will take considerable time to conclude as only 11 out of 20 witnesses have been examined so far. The complainant, who was the only eye-witness to the alleged occurrence, has b 9, but has not implicated the petitioner in commission of subject offences. There is no other circumstance to connect him with the commission ffence of murder of the victim. Each day spent by him in custody has intervening night of 12/13.03.2024, she along with her grandsons was sleeping in her house. At about 1:00 AM, on hearing some noises from the her elder grandson Manjot Singh, she had woken up and came out of her room. Within her sight, her younger grandson Manpreet Singh, i.e. the present petitioner, who was carrying an iron axe, struck blows on the person tained injuries, blood started oozing out, and he succumbed to the injuries. She raised alarm and then the petitioner had The cause of grudge was that the victim had sold one acre of land in his name about one month back for a sum of Rs. 21–22 lakhs and, with her consent, was going abroad, whereas the petitioner was demanding After registration of FIR, investigation proceedings were mortem examination of dead body of the victim was petitioner was arrested on the same day. The blood-stained gandasa used in the crime was recovered from him. Investigation now stands It is argued by learned counsel for the petitioner that he has been as suffered incarceration for a period of about two and a half years. The trial will take considerable time to conclude as only 11 out of 20 witnesses have been examined so far. The complainant, witness to the alleged occurrence, has been examined 9, but has not implicated the petitioner in commission of subject offences. There is no other circumstance to connect him with the commission ffence of murder of the victim. Each day spent by him in custody has intervening night of 12/13.03.2024, she along with her grandsons was sleeping in her house. At about 1:00 AM, on hearing some noises from the her elder grandson Manjot Singh, she had woken up and came out of the present petitioner, who was carrying an iron axe, struck blows on the person tained injuries, blood started oozing out, and he succumbed to the injuries. She raised alarm and then the petitioner had The cause of grudge was that the victim had sold one acre 22 lakhs and, with her consent, was going abroad, whereas the petitioner was demanding After registration of FIR, investigation proceedings were mortem examination of dead body of the victim was stained gandasa used in the crime was recovered from him. Investigation now stands It is argued by learned counsel for the petitioner that he has been as suffered incarceration for a period of about two and a half years. The trial will take considerable time to conclude as only 11 out of 20 witnesses have been examined so far. The complainant, een examined 9, but has not implicated the petitioner in commission of subject offences. There is no other circumstance to connect him with the commission ffence of murder of the victim. Each day spent by him in custody has AMIT SHARMA 2026.09.10 15:08 I attest to the accuracy and integrity of this order/judgment. CRM-M-36328 furnished him a new g incarceration militates against his fundamental rights guaranteed under Article 21 of the Constitution of India. conditions to be imposed upon him. It is deserves to be allowed. 5. Per contra serious allegations against the petitioner. The complainant was none other than the grandmother of the petitioner. On account of her resi previous statement alone, the petitioner has not become entitled to be extended benefit of bail. There are various other circumstances, including recovery of blood dead body of the vic with the petitioner, which suggest involvement of the petitioner in commission of offence of murder of the victim. successive petition is not maintainable. absconding if extended benefit of bail. It is hence does not deserve to be allowed. 6. This Court has heard the rival submissions made by learned counsel for the parties at considerable length. 7. So far as the question of maintainability of this petition being successive one is concerned, it may be mentioned that, an accused has a right to move successive bail application for grant of bail and it is the duty of the Court, while entertaining such a any fresh ground which persuade it to take a view different from the one 36328-2026 (O&M) 3 furnished him a new ground afresh to seek concession of bail. His prolonged incarceration militates against his fundamental rights guaranteed under Article 21 of the Constitution of India. He is ready to abide by the terms and conditions to be imposed upon him. It is, theref deserves to be allowed. Per contra, learned State counsel has argued that there are serious allegations against the petitioner. The complainant was none other than the grandmother of the petitioner. On account of her resi previous statement alone, the petitioner has not become entitled to be extended benefit of bail. There are various other circumstances, including recovery of blood-stained gandasa at the instance of the petitioner and the dead body of the victim having been found at his home where he lived with the petitioner, which suggest involvement of the petitioner in commission of offence of murder of the victim. successive petition is not maintainable. There are chances o absconding if extended benefit of bail. It is hence does not deserve to be allowed. This Court has heard the rival submissions made by learned counsel for the parties at considerable length. So far as the question of maintainability of this petition being successive one is concerned, it may be mentioned that, an accused has a right to move successive bail application for grant of bail and it is the duty of the Court, while entertaining such a subsequent bail application, to consider that any fresh ground which persuade it to take a view different from the one round afresh to seek concession of bail. His prolonged incarceration militates against his fundamental rights guaranteed under He is ready to abide by the terms and therefore, argued that the petition , learned State counsel has argued that there are serious allegations against the petitioner. The complainant was none other than the grandmother of the petitioner. On account of her resiling from her previous statement alone, the petitioner has not become entitled to be extended benefit of bail. There are various other circumstances, including stained gandasa at the instance of the petitioner and the tim having been found at his home where he lived, along with the petitioner, which suggest involvement of the petitioner in commission of offence of murder of the victim. The present one being a There are chances of petitioner's absconding if extended benefit of bail. It is hence, argued that the petition This Court has heard the rival submissions made by learned So far as the question of maintainability of this petition being successive one is concerned, it may be mentioned that, an accused has a right to move successive bail application for grant of bail and it is the duty of the subsequent bail application, to consider that any fresh ground which persuade it to take a view different from the one round afresh to seek concession of bail. His prolonged incarceration militates against his fundamental rights guaranteed under He is ready to abide by the terms and argued that the petition , learned State counsel has argued that there are serious allegations against the petitioner. The complainant was none other ling from her previous statement alone, the petitioner has not become entitled to be extended benefit of bail. There are various other circumstances, including stained gandasa at the instance of the petitioner and the along with the petitioner, which suggest involvement of the petitioner in The present one being a f petitioner's argued that the petition This Court has heard the rival submissions made by learned So far as the question of maintainability of this petition being successive one is concerned, it may be mentioned that, an accused has a right to move successive bail application for grant of bail and it is the duty of the subsequent bail application, to consider that any fresh ground which persuade it to take a view different from the one AMIT SHARMA 2026.09.10 15:08 I attest to the accuracy and integrity of this order/judgment. CRM-M-36328 taken in the earlier application is made out or not. It is also required to be noted that every day spent by an accused in custody provi action for filing a bail application under certain circumstances. kept in custody for indefinite period and the bail application can be considered even if it is filed repeatedly. caused homicidal death of his own brother on the intervening night of 12/13.03.2024. The complainant, who claimed to be the eye occurrence, has now turned hostile and has not implicated the petitioner while appearing as a witness before the learned tr has also placed on record Annexure P Kulwinder Singh, village Sarpanch, who had been informed about the incident immediately thereafter and had gone to the police to record his statement, however, he too has not implicated the petitioner in commission of subject offences. The petitioner is in custody for a period of about two years and six months. The trial will take time to conclude. Taking into consideration the nature of the evidenc spent by the petitioner in custody, and the attendant facts and circumstances, but without meaning to make any comment on the merits of the case, Court is of the grant of bail. Accordingly, the petition is allowed and the petitioner is ordered to be released on bail subject to his furnishing personal as well as surety bonds to the satisfaction of the learned trial Court/Chief Judicial Magistrate/Duty M 36328-2026 (O&M) 4 taken in the earlier application is made out or not. It is also required to be noted that every day spent by an accused in custody provi action for filing a bail application under certain circumstances. kept in custody for indefinite period and the bail application can be considered even if it is filed repeatedly. The petitioner is alleged to have icidal death of his own brother on the intervening night of 12/13.03.2024. The complainant, who claimed to be the eye occurrence, has now turned hostile and has not implicated the petitioner while appearing as a witness before the learned trial Court. The petitioner's counsel has also placed on record Annexure P-3, copy of sworn deposition of PW Kulwinder Singh, village Sarpanch, who had been informed about the incident immediately thereafter and had gone to the police to record his however, he too has not implicated the petitioner in commission of subject offences. The petitioner is in custody for a period of about two years and six months. The trial will take time to conclude. Taking into consideration the nature of the evidence which has come on record, the period spent by the petitioner in custody, and the attendant facts and circumstances, but without meaning to make any comment on the merits of the case, Court is of the considered opinion that the petitioner has made ou . Accordingly, the petition is allowed and the petitioner is ordered to be released on bail subject to his furnishing personal as well as surety bonds to the satisfaction of the learned trial Court/Chief Judicial Magistrate/Duty Magistrate concerned. taken in the earlier application is made out or not. It is also required to be noted that every day spent by an accused in custody provides a new cause of action for filing a bail application under certain circumstances. He cannot be kept in custody for indefinite period and the bail application can be The petitioner is alleged to have icidal death of his own brother on the intervening night of 12/13.03.2024. The complainant, who claimed to be the eye-witness of the occurrence, has now turned hostile and has not implicated the petitioner while ial Court. The petitioner's counsel 3, copy of sworn deposition of PW-10 Kulwinder Singh, village Sarpanch, who had been informed about the incident immediately thereafter and had gone to the police to record his however, he too has not implicated the petitioner in commission of subject offences. The petitioner is in custody for a period of about two years and six months. The trial will take time to conclude. Taking into e which has come on record, the period spent by the petitioner in custody, and the attendant facts and circumstances, but without meaning to make any comment on the merits of the case, this the petitioner has made out a case for . Accordingly, the petition is allowed and the petitioner is ordered to be released on bail subject to his furnishing personal as well as surety bonds to the satisfaction of the learned trial Court/Chief Judicial taken in the earlier application is made out or not. It is also required to be des a new cause of He cannot be kept in custody for indefinite period and the bail application can be The petitioner is alleged to have icidal death of his own brother on the intervening night of witness of the occurrence, has now turned hostile and has not implicated the petitioner while ial Court. The petitioner's counsel 10 Kulwinder Singh, village Sarpanch, who had been informed about the incident immediately thereafter and had gone to the police to record his however, he too has not implicated the petitioner in commission of subject offences. The petitioner is in custody for a period of about two years and six months. The trial will take time to conclude. Taking into e which has come on record, the period spent by the petitioner in custody, and the attendant facts and circumstances, this t a case for . Accordingly, the petition is allowed and the petitioner is ordered to be released on bail subject to his furnishing personal as well as surety bonds to the satisfaction of the learned trial Court/Chief Judicial AMIT SHARMA 2026.09.10 15:08 I attest to the accuracy and integrity of this order/judgment. CRM-M-36328 8. Since the main petition has been allowed, any, is rendered infructuous. 10.09.2026 Amit Sharma 36328-2026 (O&M) 5 Since the main petition has been allowed, any, is rendered infructuous. (MANISHA BATRA) Whether speaking/reasoned:- Whether reportable:- Yes/No Since the main petition has been allowed, pending application, if (MANISHA BATRA) JUDGE - Yes/No pending application, if AMIT SHARMA 2026.09.10 15:08 I attest to the accuracy and integrity of this order/judgment.