CRM-M-24268-2025 (O&M) IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 120 CRM-M-24268-2025 (O&M) Decided on: 20.07.2026 Harshdeep Singh @ Harsh …...Petitioner Versus State of Punjab …...Respondent CORAM: HON'BLE MR. JUSTICE SANJAY VASHISTH Present: Mr. Manuj Nagrath, Advocate for the petitioner. Mr. Manjinder Singh Bhullar, DAG Punjab Mr. Agam Bansal, Advocate and Mr. Deependra Singla, Advocate for the complainant **** SANJAY VASHISTH, J. (ORAL) CRM-29079-2026 1. Present application has been filed under Section 528 of BNSS for placing on examination-in-chief dated 15.03.2024 (Annexure P-10) and daily orders dated 09.01.2024 to 21.08.2024 (Annexure P-11) in compliance with order dated 01.07.2026 passed by this Court. 2. For the reasons mentioned in the application, the same is allowed and Annexures P-10 and P-11 are taken on record. CRM-M-24268-2025 1. Prayer in this petition, filed under Section 483 of the BNSS, 2023, is for grant of regular bail to the petitioner, who has been booked in a criminal case arising out of FIR No.60 dated 09.04.2023, under Section 302 IPC, registered at REENA 2026.07.24 10:50 I attest to the accuracy and integrity of this document Chandigarh CRM-M-24268-2025 (O&M) Police Station Focal Point, District Ludhiana. 2. The FIR in the present case was got registered by complainant-Bant Singh, aged 78 years, whose daughter Babaljit Kaur was murdered by the petitioner- Harshdeep Singh @ Harsh in his presence. The FIR reads as under: “Stated that I am resident of the said address and I do agriculture work. I have three daughters, eldest is Babaljit Kaur wife of Charanjit Singh, resident of Village Kup Kalan, P.S. Ahmedgarh, District Sangrur, who was married about 20 years ago, who has two children, elder is girl Navjot Kaur, aged about 18 years and younger is son Simon Singh, aged about 15 years. My daughter Babaljit Kaur's husband Charanjit Singh died 13 years ago, so I brought my daughter and her two children to my Village Kohara and they had been living in my Village Kohara for about 6 years. Sometime ago, a young boy living in our neighbourhood namely Harshdeep Singh s/o Ranjit Singh had been harassing my granddaughter Navjot Kaur, regarding which, I had told the family of Hardeep Singh that they should make their son understand not to do such activities but Harshdeep Singh did not mend his ways. Yesterday on 08.04.2023, I got phone call of my daughter Babaljit Kaur, upon which, today, I came to my Village Kohara and went to the house of Harshdeep Singh, where I came to know that he has gone to the ongoing tournament in the village. When I reached at the gate of the house of my daughter, where Harshdeep Singh by holding a knife in his hand had been causing multiple blows on my daughter Babaljit Kaur and he caused many blows on her neck and face. Due to which, my daughter was lying down in serious condition in verandah and due to fear, my granddaughter Navjot Kaur was inside her room. On seeing gathering of neighbourers, Harshdeep Singh fled away from the spot alongwith deadly weapon holding in his hand. Our neighbourer Harpreet Singh s/o Davinder Singh and Harjit Singh s/o Manminder Singh, residents of Village Kohara, Chandigarh Road, Ludhiana by arranging vehicle got my daughter admitted in Apollo Hospital, where doctors declared my daughter dead. Today, I alongwith my relative Rajpal Singh was going to police station for reporting the matter but you met us on the way. I got recorded my statement before you, read it, heard it and the same is correct. Kindly initiate proceeding. Sd/- (in English) Bant Singh.” 3. The complainant-Bant Singh clearly mentioned in the FIR that petitioner was holding a knife in his hand and he was giving multiple blows to his daughter Babaljit Kaur on her neck and face. She was already lying down in a REENA 2026.07.24 10:50 I attest to the accuracy and integrity of this document Chandigarh CRM-M-24268-2025 (O&M) serious condition in Varanda and due to the fear, complainant's grand daughter Navjot Kaur aged about 18 years was inside her room. 4. On the previous date of hearing i.e. 01.07.2026, learned counsel for the petitioner had argued that eye witness Bant Singh, after getting the examination-in-chief recorded, did not turn up and subsequently passed away. It is also pointed out that another eye witness, Harjreet Singh, was given up by the prosecution and third eye witness Harpal Singh (PW-3), turned hostile during his examination before the trial Court, he turned hostile. One witness Gurdeep Singh was examined as PW-6 and supported the prosecution's cases, although he was not originally cited as an eye-witness of the incident. 5. Learned counsel for the petitioner further argued that application under Section 311 Cr.P.C. moved by the prosecution to examine one more witness Navjot Kaur (who is residing abroad) ought to have been dismissed outright. It is further submitted that her name was not included in the original list of prosecution witnesses and moving such an application at this belted stage, when the petitioner being the sole accused, has already spent approximately 03 years and 02 months in custody, deserves to be dismissed. 6. While considering the arguments and noticing the facts got recorded in the FIR, this Court notices that the newly summoned witness is the granddaughter of the complainant Bant Singh and her presence at the spot is very much there in the detailed version. It is both shocking and surprising as to why she was not cited as a prosecution witness by including her in the list of witnesses. 7. Learned State counsel is not in a position to explain as to for what reason she was not made a witness or why her statement was not recorded earlier, or why the application has been moved at such a belated stage, thereby giving the REENA 2026.07.24 10:50 I attest to the accuracy and integrity of this document Chandigarh CRM-M-24268-2025 (O&M) accused an opportunity to seek bail on the grounds of prolonged incarceration and the slow pace of trial, saying that only 07 out of a total 21 prosecution witnesses have been examined. 8. I have considered the submissions addressed by learned counsel for the parties and also also gone through the record. 9. The Court cannot ignore the core purpose of criminal jurisprudence in the country. Merely due to a lacuna in the prosecution's case the victim's family can not be left in a helpless situation, and that too without any remedy to correct the error done by Prosecution Agency, while the accused is seeking permission to enjoy liberty. At this stage, no comment is warranted regarding the conduct of prosecution, as to why Navjot Kaur (now sought to be summoned) was omitted from the original list of witnesses. Consequently, petition for bail can not be entertained at this stage, therefore, same is dismissed. 10. However, it is also clarified that trial Court would not cause unnecessary delay in taking final decision on any of the pending application(s) and also if application is allowed, prosecution agency would not cause any unnecessary delay in production of the witnesses. 11. In any case, any such exercise if required, be completed within next 2- 3 months period. 12. With the directions issued here above, present petition is disposed of. 13. Let copy of the order be forwarded to the trial Court concerned. (SANJAY VASHISTH) 20.07.2026 JUDGE reena Whether Speaking/Reasoned: YES/NO Whether Reportable: YES/NO REENA 2026.07.24 10:50 I attest to the accuracy and integrity of this document Chandigarh