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2026 DAILYLAW 27840 (PNJ)

SAMREEN @ SAINA @ SANDEEP KAUR v. STATE OF PUNJAB

CRM-M/30911/2026 · 2026-07-07

Sanjay Vashisth

body2026

Judgment text

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CRM-M-24363-2026 and CRM-M-30911-2026 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 223 CRM-M-24363-2026 Amandeep Kumar @ Aman . . . Petitioner(s) Versus State of Punjab . . . Respondent(s) 226 CRM-M-30911-2026 Samreen @ Saina @ Sandeep Kaur . . . Petitioner(s) Versus State of Punjab . . . Respondent(s) Decided on :07.07.2026 CORAM: HON'BLE MR. JUSTICE SANJAY VASHISTH Present: Mr. Paras Jagga, Advocate for the petitioner (in CRM-M-24363-2026). Mr. Amandeep Singh Rai, Advocate for the petitioner (in CRM-M-30911-2026). Mr. Vinay Malhotra, DAG, Punjab. **** SANJAY VASHISTH , J. (Oral) 1. By way of this common order, both the aforementioned petitions are being disposed of. 2. Present petitions have been filed under Section 483 of the BNSS, seeking regular bail in case FIR No.136 dated 02.09.2024, under Sections 108, 351(2), 3(5) of BNS (corresponding sections 306, 506, 34 IPC), registered at Police Station Moti Nagar, Ludhiana, District Ludhiana. 3. Brief facts of the case are that: “6. As per the prosecution version, instant FIR was registered on the basis of statement of complainant Sunny to the effect that he used to work as a private cleaner. They RASHMI 2026.07.08 19:27 I attest to the accuracy and integrity of this document CRM-M-24363-2026 and CRM-M-30911-2026 2 were two brothers and three sisters. His youngest brother Mani alias Kaka aged about 23 years, whose marriage solemnized about 7-8 months ago, was a love marriage with Shaina. About 20 days after the marriage, his brother Mani alias Kaka started living with his wife Saina at Jiva Lal's Dhaba. Sherpur Kalan Ludhiana. near Bhisham's yard, On 31.08.2024 at about 06:45 PM, his brother Mani @ Kaka told his Barkha his sister in relations that his wife Shaina had an illicit relationship with Aman (present applicant), due to which she had left him and gone away. He was looking for her and a day prior to the registration of FIR he caught his wife Shaina red-handed with Aman and the said Aman had threatened to kill him. So, his sister Barkha immediately disclosed all this to them. Thereafter, they alongwith the family started searching for Mani alias Kaka and his wife Shaina and at about 09:30 PM, they came to know that his brother Mani alias Kaka had committed suicide by hanging himself with a ceiling fan in his rented room, on which he alongwith his family reached his brother's room, where he saw that his brother Mani alias Kaka had committed suicide by hanging himself from the ceiling fan in his room. His brother Mani alias Kaka committed suicide because he was upset due to the A fact that his wife Shaina had an illicit relations with a boy named Aman. ” 4. Learned counsel for the petitioners contend that the deceased, Mani alias Kaka, had solemnized a love marriage with Samreen @ Saina @ Sandeep Kaur (petitioner in CRM-M-30911-2026). The deceased allegedly committed suicide on 31.08.2024 at about 6:45 P.M., nearly 7–8 months after the marriage. The FIR in the present case was lodged by the brother of the deceased, namely Sunny, on 02.09.2024. RASHMI 2026.07.08 19:27 I attest to the accuracy and integrity of this document CRM-M-24363-2026 and CRM-M-30911-2026 3 Learned counsel further submit that the petitioners have been falsely implicated by alleging that petitioner Samreen @ Saina @ Sandeep Kaur was having an illicit relationship with co-accused Amandeep Kumar (petitioner in CRM-M-24363-2026). It is argued that, apart from these bald allegations, there is no material or evidence on record to prima facie substantiate the same. It is further submitted that the deceased did not leave behind any suicide note indicating the reason for taking the extreme step. 5. Learned counsel for the petitioners further argue that the FIR was registered after an unexplained delay of two days. Had there been any truth in the allegations, either the deceased would have raised the issue during his lifetime before his family members or the competent authorities, or the complainant would have lodged the FIR immediately after the occurrence. It is, therefore, submitted that the petitioners are in custody for more than six months and their further incarceration would serve no meaningful purpose. Accordingly, they pray that the petitioners be granted the concession of regular bail. 6. Per contra, learned State counsel, on instructions from ASI Ajmer Singh, submits that there are serious allegations against both the petitioners and, therefore, they are not entitled to the concession of bail, particularly when the material witnesses, including the complainant, Sunny, are yet to be examined. Learned State counsel further submits that, in the event the petitioners are released on bail, there is every likelihood that they may RASHMI 2026.07.08 19:27 I attest to the accuracy and integrity of this document CRM-M-24363-2026 and CRM-M-30911-2026 4 influence or pressurize the prosecution witnesses. Accordingly, he prays for dismissal of the present petitions. 7. I have heard learned counsel for the parties and have gone through the paper-books. 8. Admittedly, no suicide note was left behind by the deceased. It has also not been pointed out by the learned State counsel that deceased had, during his lifetime, ever made any complaint or raised any grievance before any authority or his family members regarding the alleged relationship or the character of petitioner-Samreen @ Saina @ Sandeep Kaur. It shall, however, be a matter for consideration before the learned trial Court, at the appropriate stage, as to whether the complainant-brother remained silent immediately after the death of the deceased and during the inquest proceedings. This Court refrains from expressing any opinion on the statements recorded under Section 175 Cr.P.C. (corresponding to Section 195 of the BNSS), including those of complainant and other family members of the deceased, as the same would be examined during the course of trial. 9. Considering the totality of the facts and circumstances of the case, the period of incarceration already undergone by the petitioners, and the fact that the process of recording prosecution evidence is yet to commence, this Court is of the considered view that no useful purpose would be served by keeping the petitioners in further custody. Accordingly, present petitions deserve to be allowed. RASHMI 2026.07.08 19:27 I attest to the accuracy and integrity of this document CRM-M-24363-2026 and CRM-M-30911-2026 5 Petitioners are ordered to be released on bail on their furnishing bail/surety bonds to the satisfaction of the concerned trial Court/Duty Magistrate. 10. Any of the discussion done and recorded hereabove, shall not be construed as an expression of opinion on the facts of the case. Therefore, trial Court is expected to decide the case by taking an independent view, on the basis of evidence available on record, as expeditiously as possible in accordance with law. 11. Petitions stand disposed of. 12. A photocopy of this order be placed on the file of another connected case. (SANJAY VASHISTH) JUDGE 07.07.2026 Rashmi Whether speaking/reasoned: Yes/No Whether Reportable: Yes/No RASHMI 2026.07.08 19:27 I attest to the accuracy and integrity of this document