IN THE HIGH COURT OF PUNJAB & HARYANA 211 GURPREET SINGH STATE OF PUNJAB CORAM: Present: MANJARI NEHRU KAUL, J. 1. Criminal Procedure, 1973 FIR No.82 dated 1860, registered at Police Station (Annexure P- 2. who is the brother implicated in the present case; the only allegation that a day prior to the deceased Jaswinder Kaur having been found her matrimonial home, she telephonically told her father i.e. Sucha Singh that her husband, co petitioner had been indulging in taunts regarding her character. argued by the learned counsel that the fa stands substantiated from the fact that while stepping into the witness box, IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CRM- Date of decision: GURPREET SINGH Versus PUNJAB HON'BLE MRS. JUSTICE MANJARI NEHRU KAUL Mr. G.P.S. Ghuman, Advocate (through VC) Mr. P.S. Mann, Advocate for the petitioner. Mr. Kunwarbir Singh, AAG, Punjab with ASI Manmohan Singh. MANJARI NEHRU KAUL, J.(ORAL) The instant petition has been filed under Section Criminal Procedure, 1973 for grant of regular bail to the petitioner in case dated 16.06.2023 under Sections , registered at Police Station Kotwali Nabha -1). Learned counsel for the petitioner conte who is the brother-in-law (devar) of the deceased, has been falsely implicated in the present case; the only allegation that a day prior to the deceased Jaswinder Kaur having been found matrimonial home, she telephonically told her father i.e. Sucha Singh that her husband, co-accused Amandeep Singh and the petitioner had been indulging in taunts regarding her character. argued by the learned counsel that the falsity of the case of the prosecution stands substantiated from the fact that while stepping into the witness box, IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH -M-33409-2024 Date of decision: August 25, 2025 .....Petitioner .....Respondent HON'BLE MRS. JUSTICE MANJARI NEHRU KAUL (through VC) Mr. Kunwarbir Singh, AAG, Punjab The instant petition has been filed under Section 439 of Code of for grant of regular bail to the petitioner in case s 302, 34 of Indian Penal Code, Kotwali Nabha, District Patiala Learned counsel for the petitioner contends that the petitioner, ) of the deceased, has been falsely implicated in the present case; the only allegation against the petitioner is that a day prior to the deceased Jaswinder Kaur having been found dead in matrimonial home, she telephonically told her father i.e. the complainant accused Amandeep Singh and the petitioner had been indulging in taunts regarding her character. It has been lsity of the case of the prosecution stands substantiated from the fact that while stepping into the witness box, Petitioner .....Respondent Code of for grant of regular bail to the petitioner in case Indian Penal Code, District Patiala , ) of the deceased, has been falsely against the petitioner is dead in the complainant accused Amandeep Singh and the It has been lsity of the case of the prosecution Jaspreet Kaur 2025.08.25 16:47 I attest to the accuracy and integrity of this document Chandigarh CRM-M-33409 the father, who spelt out the motive to commit the crime, had the case of the prosecution, as a result of which, he was declared hostile. has also been submitted that PW Swaran Singh, another member of the dece during trial, as a result of which, he too was declared hostile. Learned counsel has submitted that other than this piece of evidence, there was no other incriminating evidence to link the petitioner wi Jaswinder Kaur. custody since 17.06.2023; as many as 12 prosecution witnesses including the complainant stand examined, however, 12 witnesses still remain to be examined, and there future does not arise. 3. and submissions made by the counsel opposite, on instructions, has not disputed the custody period of the disputed that two of the material witnesses including the father of the deceased, who is also the author of the FIR, had been declared hostile during trial. He, however, submits that during investigation and at the t postmortem on the dead body of the deceased, some hair was lifted from the clenched fist of the deceased, which matched with co Singh. On being pointedly asked as to whether there was any forensic evidence of a similar kind link 33409-2024 the father, who spelt out the motive to commit the crime, had the case of the prosecution, as a result of which, he was declared hostile. has also been submitted that PW Swaran Singh, another member of the deceased also did not support the case of the prosecution during trial, as a result of which, he too was declared hostile. Learned counsel has submitted that other than this piece of evidence, there was no other incriminating evidence to link the petitioner wi Jaswinder Kaur. It has also been submitted that the petitioner has been in custody since 17.06.2023; as many as 12 prosecution witnesses including the complainant stand examined, however, 12 witnesses still remain to be examined, and therefore, the possibility of the trial concluding in the near future does not arise. Per contra, learned State counsel, while opposing the prayer and submissions made by the counsel opposite, on instructions, has not disputed the custody period of the petitioner nor has he, on instructions, disputed that two of the material witnesses including the father of the who is also the author of the FIR, had been declared hostile during trial. He, however, submits that during investigation and at the t postmortem on the dead body of the deceased, some hair was lifted from the clenched fist of the deceased, which matched with co Singh. On being pointedly asked as to whether there was any forensic evidence of a similar kind linking the present petitioner with the crime in -2- the father, who spelt out the motive to commit the crime, had not supported the case of the prosecution, as a result of which, he was declared hostile. It has also been submitted that PW Swaran Singh, another immediate family support the case of the prosecution during trial, as a result of which, he too was declared hostile. Learned counsel has submitted that other than this piece of evidence, there was no other incriminating evidence to link the petitioner with the murder of It has also been submitted that the petitioner has been in custody since 17.06.2023; as many as 12 prosecution witnesses including the complainant stand examined, however, 12 witnesses still remain to be , the possibility of the trial concluding in the near State counsel, while opposing the prayer and submissions made by the counsel opposite, on instructions, has not petitioner nor has he, on instructions, disputed that two of the material witnesses including the father of the who is also the author of the FIR, had been declared hostile during trial. He, however, submits that during investigation and at the time of the postmortem on the dead body of the deceased, some hair was lifted from the clenched fist of the deceased, which matched with co-accused Amandeep Singh. On being pointedly asked as to whether there was any forensic ing the present petitioner with the crime in not supported It immediate family support the case of the prosecution during trial, as a result of which, he too was declared hostile. Learned counsel has submitted that other than this piece of evidence, there was no th the murder of It has also been submitted that the petitioner has been in custody since 17.06.2023; as many as 12 prosecution witnesses including the complainant stand examined, however, 12 witnesses still remain to be , the possibility of the trial concluding in the near State counsel, while opposing the prayer and submissions made by the counsel opposite, on instructions, has not petitioner nor has he, on instructions, disputed that two of the material witnesses including the father of the who is also the author of the FIR, had been declared hostile during ime of the postmortem on the dead body of the deceased, some hair was lifted from the accused Amandeep Singh. On being pointedly asked as to whether there was any forensic Jaspreet Kaur 2025.08.25 16:47 I attest to the accuracy and integrity of this document Chandigarh CRM-M-33409 question, he, on instructions, has replied in the negativ State counsel has reiterated the allegations levelled in the FIR (Annexure P- years, younger than her is daughter Jaswinder Kaur aged 22 years and youngest is my son Karan Singh aged 19 years. Tha phone on number of times, that since I po 33409-2024 question, he, on instructions, has replied in the negativ State counsel has reiterated the allegations levelled in the FIR -1), which stands reproduced hereinunder: “At present it reported that a is statement from Sucha Singh son of Hari Singh Resident of House Number near Fauji di Chakki Pathana Wala Mohalla Sanaur Tehsil and District Patiala written by Insp. Harry Boparai Station House Officer Police Station Kotwali Nabha for registration of case under section 302, 34 of IPC against Amandeep Singh a Gurpreet Singh sons Baldev Singh resident of Gobind Nagar near 40 number Fatak, Buhi Road Nabha was received by hand through SC Randhir Singh 2246/Patiala in Police Station. The contents of the same son is of as under. Statement of Sucha Singh Hari Singh resident of House Number 357, Ward Number 11, Near Fauji Di Chaki, Pathana Wala Mohalla, Sanaur, Tehsil and District Patiala aged around 53 years, Mobile Number 96465- resident of above 74165, Stated that I mentioned address and I am am doing work of ply daughters and two out of which eldest is Satnam Singh sons, aged 25 years, younger than him is Manpreet Kaur aged 24 years, younger than her is daughter Jaswinder Kaur aged 22 years and youngest is my son Karan Singh aged 19 years. Tha marriage of my daughter Jaswinder Kaur was on solemnized dated 28.01.2023 with Amandeep Singh son of Baldev Singh resident of Gobind Nagar near 40 Number Fatak Thuhi Road Nabha. That after some days of the marriage itself my son law Amandeep Singh started suspecting upon the Character of my daughter Jaswinder Kaur and due to said grudge, he started assaulting my daughter and started demanding Motorcycle in this regard me over am my daughter Jaswinder Singh told phone on number of times, that since I po exhorting my daughter, that during last Month in the month of May my son- in-law Amandeep Singh after assaulting my daughter had dropped my daughter Jaswinder Kaur to me at Sanaur. That he used to suspect upon the Character of my daughter and was filed had a Station demanding dowry, that we complaint against him at Police Sanaur, in this regard compromise arrived at a was Panchayat level and my son law brought back my daughter along with her at Nabha on dated 12.06.2023. That on dated 13. informed me over phone from the Mobile phone of her husband -3- question, he, on instructions, has replied in the negative. However, learned State counsel has reiterated the allegations levelled in the FIR 1), which stands reproduced hereinunder:- At present it reported that a is statement from Sucha Singh son of Hari Singh Resident of House Number 357 Ward Number 11 near Fauji di Chakki Pathana Wala Mohalla Sanaur Tehsil and District Patiala written by Insp. Harry Boparai Station House Officer Police Station Kotwali Nabha for registration of case under section 302, 34 of IPC against Amandeep Singh and Gurpreet Singh sons Baldev Singh resident of Gobind Nagar near 40 number Fatak, Buhi Road Nabha was received by hand through SC Randhir Singh 2246/Patiala in Police Station. The contents of the same son is of as under. Statement of Sucha h resident of House Number 357, Ward Number 11, Near Fauji Di Chaki, Pathana Wala Mohalla, Sanaur, Tehsil and District Patiala aged around 53 years, Mobile Number resident of above 74165, Stated that I mentioned address and I am am doing work of plying Auto. I have two daughters and two out of which eldest is Satnam Singh sons, aged 25 years, younger than him is Manpreet Kaur aged 24 years, younger than her is daughter Jaswinder Kaur aged 22 years and youngest is my son Karan Singh aged 19 years. That marriage of my daughter Jaswinder Kaur was on solemnized dated 28.01.2023 with Amandeep Singh son of Baldev Singh resident of Gobind Nagar near 40 Number Fatak Thuhi Road Nabha. That after some days of the marriage itself my son-in- rted suspecting upon the Character of my daughter Jaswinder Kaur and due to said grudge, he started assaulting my daughter and started demanding Motorcycle in this regard me over am my daughter Jaswinder Singh told phone on number of times, that since I poor so I kept on exhorting my daughter, that during last Month in the month of law Amandeep Singh after assaulting my daughter had dropped my daughter Jaswinder Kaur to me at Sanaur. That he used to suspect upon the Character of my nd was filed had a Station demanding dowry, that we complaint against him at Police Sanaur, in this regard compromise arrived at a was Panchayat level and my son-in- law brought back my daughter along with her at Nabha on dated 12.06.2023. That on dated 13.06.2023 my daughter informed me over phone from the Mobile phone of her husband e. However, learned State counsel has reiterated the allegations levelled in the FIR At present it reported that a is statement from Sucha Singh son 357 Ward Number 11 near Fauji di Chakki Pathana Wala Mohalla Sanaur Tehsil and District Patiala written by Insp. Harry Boparai Station House Officer Police Station Kotwali Nabha for registration of case nd Gurpreet Singh sons Baldev Singh resident of Gobind Nagar near 40 number Fatak, Buhi Road Nabha was received by hand through SC Randhir Singh 2246/Patiala in Police Station. The contents of the same son is of as under. Statement of Sucha h resident of House Number 357, Ward Number 11, Near Fauji Di Chaki, Pathana Wala Mohalla, Sanaur, Tehsil and District Patiala aged around 53 years, Mobile Number resident of above 74165, Stated that I mentioned ing Auto. I have two daughters and two out of which eldest is Satnam Singh sons, aged 25 years, younger than him is Manpreet Kaur aged 24 years, younger than her is daughter Jaswinder Kaur aged 22 t marriage of my daughter Jaswinder Kaur was on solemnized dated 28.01.2023 with Amandeep Singh son of Baldev Singh resident of Gobind Nagar near 40 Number Fatak Thuhi Road - rted suspecting upon the Character of my daughter Jaswinder Kaur and due to said grudge, he started assaulting my daughter and started demanding Motorcycle in this regard me over am my daughter Jaswinder Singh told or so I kept on exhorting my daughter, that during last Month in the month of law Amandeep Singh after assaulting my daughter had dropped my daughter Jaswinder Kaur to me at Sanaur. That he used to suspect upon the Character of my nd was filed had a Station demanding dowry, that we complaint against him at Police Sanaur, in this regard - law brought back my daughter along with her at Nabha on 06.2023 my daughter Jaspreet Kaur 2025.08.25 16:47 I attest to the accuracy and integrity of this document Chandigarh CRM-M-33409 Amandeep Singh you for the same." That I exhorte poor persons, nothing to worry you That may exhort your from her nose and it appears that injury has been inflicted upon 4. relevant material placed on record. 5. of the prosecution rests primarily on circumstantial evidence and the motice to commit th accused Amandeep Singh (husband of the deceased) regarding the character of the deceased. This motive was spelt out by the complainant while lodging 33409-2024 Amandeep Singh 88378-90054 upon my phone 78885 that "Amandeep and my brother taunting me yesterday itself that you are having illicit relations with someone and your character is not good. We shall punish you for the same." That I exhorte poor persons, nothing to worry you That may exhort your husband. thereafter I had no talk with my daughter and phone of Amandeep was found switched off. That today I along with my son Satnam Singh and along with my nephew Swaran S son of Kirpal Singh resident of Khalsa Colony Ward Number 11 Sanaur Tehsil and District Patiala in order to know about the wellbeing of my daughter had come to her house at Nabha. That her house was open and on the rear side room of the house my daughter was lying dead, blood was oozed and coagulated from her nose and it appears that injury has been inflicted upon the right eye, murder of my daughter has been committed by strangulating her throat with Chunni, that murder of my daughter has been committed by my son Singh jointly with his brother Gurpreet Singh, because he was suspecting upon the character of my daughter and was demanding Motorcycle from us, I left my son Satnam Singh at the spot along with my nephew Swaran Singh was comin Police Station to inform, you met at the Meham Gate Nabha and I have recorded my statement to you, heard it, which is correct, appropriate action may be initiated. Sd/ above named. Signatures confirmed by Sd/ above named.” I have heard learned counsel for the parties and perused the relevant material placed on record. The petitioner has been in custody since 17.06.2023. The case of the prosecution rests primarily on circumstantial evidence and the motice to commit the crime was the suspicion of the petitioner and his brother, co accused Amandeep Singh (husband of the deceased) regarding the character of the deceased. This motive was spelt out by the complainant while lodging -4- 90054 upon my phone 78885-93446 that "Amandeep and my brother-in-law Gurpreet Singh were taunting me yesterday itself that you are having illicit relations with someone and your character is not good. We shall punish you for the same." That I exhorted my daughter that we are poor persons, nothing to worry you That may exhort your husband. thereafter I had no talk with my daughter and phone of Amandeep was found switched off. That today I along with my son Satnam Singh and along with my nephew Swaran Singh son of Kirpal Singh resident of Khalsa Colony Ward Number 11 Sanaur Tehsil and District Patiala in order to know about the wellbeing of my daughter had come to her house at Nabha. That her house was open and on the rear side room of the house ter was lying dead, blood was oozed and coagulated from her nose and it appears that injury has been inflicted upon the right eye, murder of my daughter has been committed by strangulating her throat with Chunni, that murder of my ed by my son-in-law Amandeep Singh jointly with his brother Gurpreet Singh, because he was suspecting upon the character of my daughter and was demanding Motorcycle from us, I left my son Satnam Singh at the spot along with my nephew Swaran Singh was coming to Police Station to inform, you met at the Meham Gate Nabha and I have recorded my statement to you, heard it, which is correct, appropriate action may be initiated. Sd/- Sucha Singh Signatures confirmed by Sd/- Swaran Singh I have heard learned counsel for the parties and perused the The petitioner has been in custody since 17.06.2023. The case of the prosecution rests primarily on circumstantial evidence and the motice e crime was the suspicion of the petitioner and his brother, co- accused Amandeep Singh (husband of the deceased) regarding the character of the deceased. This motive was spelt out by the complainant while lodging 93446 law Gurpreet Singh were taunting me yesterday itself that you are having illicit relations with someone and your character is not good. We shall punish d my daughter that we are poor persons, nothing to worry you That may exhort your husband. thereafter I had no talk with my daughter and phone of Amandeep was found switched off. That today I along with ingh son of Kirpal Singh resident of Khalsa Colony Ward Number 11 Sanaur Tehsil and District Patiala in order to know about the wellbeing of my daughter had come to her house at Nabha. That her house was open and on the rear side room of the house ter was lying dead, blood was oozed and coagulated from her nose and it appears that injury has been inflicted upon the right eye, murder of my daughter has been committed by strangulating her throat with Chunni, that murder of my law Amandeep Singh jointly with his brother Gurpreet Singh, because he was suspecting upon the character of my daughter and was demanding Motorcycle from us, I left my son Satnam Singh at g to Police Station to inform, you met at the Meham Gate Nabha and I have recorded my statement to you, heard it, which is Sucha Singh Swaran Singh I have heard learned counsel for the parties and perused the The petitioner has been in custody since 17.06.2023. The case of the prosecution rests primarily on circumstantial evidence and the motice - accused Amandeep Singh (husband of the deceased) regarding the character of the deceased. This motive was spelt out by the complainant while lodging Jaspreet Kaur 2025.08.25 16:47 I attest to the accuracy and integrity of this document Chandigarh CRM-M-33409 the FIR. However, as conceded by the learned State counsel, this material witness was declared hostile du 6. Court deems it fit to 7. be admitted to bail on his furnishing bail/surety bonds to the satisfaction of the Trial Court/Duty Magistrate concerned. 8. shall not be construed to be an expression of op case. 9. the concession of bail, the State would be at liberty to approach this Court to seek cancellation of bail to him. August 25, 2025 Jaspreet Kaur 33409-2024 the FIR. However, as conceded by the learned State counsel, this material witness was declared hostile during trial. In the facts and circumstances as enumerated hereinabove Court deems it fit to extend the concession of regular bail to the petitioner Accordingly, the instant petition is allowed be admitted to bail on his furnishing bail/surety bonds to the satisfaction of the Trial Court/Duty Magistrate concerned. However, it is made clear that anything observed hereinabove shall not be construed to be an expression of op Needless to add here, in case the petitioner is found misusing the concession of bail, the State would be at liberty to approach this Court to seek cancellation of bail to him. , 2025 Whether speaking/reasoned Whether reportable -5- the FIR. However, as conceded by the learned State counsel, this material In the facts and circumstances as enumerated hereinabove, this extend the concession of regular bail to the petitioner. Accordingly, the instant petition is allowed, and the petitioner be admitted to bail on his furnishing bail/surety bonds to the satisfaction of However, it is made clear that anything observed hereinabove shall not be construed to be an expression of opinion on the merits of the Needless to add here, in case the petitioner is found misusing the concession of bail, the State would be at liberty to approach this Court to (MANJARI NEHRU KAUL) JUDGE : Yes/No : Yes/No the FIR. However, as conceded by the learned State counsel, this material , this and the petitioner be admitted to bail on his furnishing bail/surety bonds to the satisfaction of However, it is made clear that anything observed hereinabove inion on the merits of the Needless to add here, in case the petitioner is found misusing the concession of bail, the State would be at liberty to approach this Court to Jaspreet Kaur 2025.08.25 16:47 I attest to the accuracy and integrity of this document Chandigarh