CRM-M-34683-2024 1 227 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-34683-2024 Date of decision : 21.07.2025 Ranjodh Singh ....Petitioner versus State of Punjab ..... Respondent CORAM : HON'BLE MR. JUSTICE RAJESH BHARDWAJ Present :- Mr. Kanwaljeet Singh Brar, Advocate for the petitioner. Mr. Raj Karan Singh, A.A.G., Punjab. RAJESH BHARDWAJ , J. (Oral) 1. Present petition has been filed by the petitioner praying for grant of regular bail in case FIR No.59 dated 16.08.2023 under Sections 302, 323 and 34 of IPC, registered at Police Station Singh Bhagwantpura, District Roopnagar. 2. Succinctly the facts of the case are that the present case was registered on the statement complainant, namely, Amrik Singh. It was alleged by the complainant that he and his brother, namely, Dalbara Singh, were unmarried and they were living in their ancestral house. His brother Gurnam Singh and 5 other brothers were living outside the village. There was a dispute regarding the property in the family with his collaterals. Hence on account of the same, there arouse a dispute on 15.08.2023 when Sarabjit Kaur tried to include their warranda and kitchen in the house. On 16.08.2023 at about 7:45 a.m., he and his brother-Dalbara Singh (deceased) asked Sarabjit Kaur not to include their warranada and kitchen POOJA SHARMA 2025.07.21 18:23 I attest to the accuracy and integrity of this document CRM-M-34683-2024 2 as the same fell in their share. However, she did accede to the same and hence, Gurpreet Singh @ Jaggi, Ranjodh Singh (petitioner) and daughter Lovepreet Kaur opened attack upon them. Ranjodh Singh armed with an iron pipe in his hand gave a blow on the legs and arms of Dalbara Singh. Gurpreet Singh inflicted an iron pipe blow on the head of Dalbara Singh and others also caused injuries. Dilbara Singh was seriously injured and he was taken to the hospital, where he succumbed to the injuries. The request was made to take the legal action against the culprits. On registration of FIR, investigation commenced. Petitioner was arrested during investigation on 16.08.2023. On completion of investigation, challan was presented. On framing the charges, the learned trial Court proceeded with the trial. The petitioner approached the Learned Sessions Judge, Rupnagar, praying for grant of bail, however, finding no merit, the same was declined after hearing both the sides by Learned Sessions Judge, Rupnagar vide order dated 23.05.2024. Aggrieved by the same, the petitioner is before this Court praying for grant of bail by way of filing of present petition. 3. Learned counsel for the petitioner has vehemently contended that the petitioner has been falsely prosecuted in the present case. He submits that the dispute as alleged was within the family as both the sides are collaterals. He submits that even otherwise the allegations made against the petitioner that he gave iron pipe blow on the legs and arms of the deceased which are non-vital parts. He submits that the cause of death is shock and hemorrhage due to the head injury and not because of the injuries as alleged against the petitioner. He submits that the petitioner is behind bars since the date of his arrest, who has no criminal antecedents. POOJA SHARMA 2025.07.21 18:23 I attest to the accuracy and integrity of this document CRM-M-34683-2024 3 The material witnesses, as submitted, have already been examined. He submits that father of the petitioner is bed ridden and out of 04 accused, 02 accused are already on bail. He thus, submits that in the facts and circumstances of the case, the petitioner deserves to be granted bail. 4. Per contra, learned State counsel has opposed the submissions made by counsel for the petitioner and submits that the case of the prosecution is based on the eye-witness account and the eye- witnesses have duly supported the case of the prosecution. He submits that the petitioner has duly participated in the occurrence, where he had given an iron pipe blow on the body of the deceased. He has produced the custody certificate of the petitioner on record. He, on instructions, has submitted that out of total 17 prosecution witnesses only 07 witnesses have been examined. 5. After hearing counsel for the parties and perusing the record, it is deciphered that the petitioner is behind bars since the date of his arrest i.e. 16.08.2023. The material witness stands examined. The custody certificate would show that the petitioner has suffered incarceration of 01 year, 11 months and 02 days as on 20.07.2025. It further reflects that the petitioner has no criminal antecedents. 6. The veracity of the allegations would be assessed only after conclusion of the trial and on the appreciation of evidence to be led by both the parties before the trial Court. The trial of the case will take sufficiently long time. Thus, keeping in view the overall facts and circumstances of the case, this Court is of the opinion that learned counsel for the petitioner succeeds in making out a case for grant of regular bail to the petitioner. POOJA SHARMA 2025.07.21 18:23 I attest to the accuracy and integrity of this document CRM-M-34683-2024 4 7. Accordingly, the present petition is allowed and the petitioner is ordered to be released on bail on his furnishing bail/surety bonds to the satisfaction of the concerned trial Court/Duty Magistrate. Nothing said herein shall be treated as an expression of opinion on the merits of the case. 21.07.2025 ( RAJESH BHARDWAJ ) ps-I JUDGE Whether speaking/reasoned : Yes/No Whether reportable : Yes/No POOJA SHARMA 2025.07.21 18:23 I attest to the accuracy and integrity of this document