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CRM-M-16787-2026 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 223
CRM-M-16787-2026 Date of Decision:16.07.2026 SUKHWINDER KAUR ....PETITIONER VERSUS STATE OF PUNJAB .....RESPONDENT
CORAM: HON’BLE MR. JUSTICE H.S.GREWAL. Present: Mr. V.K.Thakur, Advocate for the petitioner.
H.S. GREWAL, J. (ORAL)
1. This petition has been filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (corresponding to Section 439 Cr.P.C.) seeking the grant of regular bail in case FIR No. 10 dated 05.03.2024, registered under Sections 302 and 34 of the Indian Penal Code (with Sections 120-B, 148 and 149 IPC added subsequently), corresponding to Sections 103(1), 3(5), 61, 191 and 190 of the Bharatiya Nyaya Sanhita, 2023, at Police Station Kabirpur, District Kapurthala, Punjab (Annexure P-1), in the interest of justice.
2. The case of the prosecution is that one Lakhwinder Singh @ Lakha was arrested for the murder of one Balbir Singh. On the basis of his disclosure statement, the petitioner has been nominated in the present case. It is further alleged that the petitioner had raised lalkara to kill Balbir Singh.
RENU RAWAT 2026.07.17 16.22 I attest to the accuracy and integrity of this document Chandigarh
CRM-M-16787-2026 2
3.
Learned counsel for the petitioner submits that the petitioner has not been named in the FIR and has been falsely implicated in the present case. He further contends that the petitioner has been nominated solely on the basis of the disclosure statement allegedly suffered by the co-accused, which is inadmissible in evidence. It is further argued that, apart from the said disclosure statement, there is no other material available on record to connect the petitioner with the commission of the alleged offence. Learned counsel further submits that the co-accused have already been granted the concession of regular bail by this Court. He also submits that the petitioner has been in judicial custody since 09.03.2024 and, therefore, prays that the petitioner be enlarged on regular bail during the pendency of the trial. 4. Notice of motion. 5. Mr. Subhash Godara, Addl. Advocate General, Punjab accepts notice on behalf of the respondent-State and vehemently opposes the prayer for grant of regular bail. Learned State counsel has filed the short reply as well as custody certificate of the petitioner in Court today, which are taken on record. As per the custody certificate, the petitioner is in custody for the last 02 years 04 months and 03 days and is not involved in any other case. 6. I have heard the submissions made by the parties and gone through the record. 7. After hearing the rival contentions and considering the fact that in the case in hand, apart from the disclosure statement there is no corroborated evidence on record to connect the petitioner with the alleged RENU RAWAT 2026.07.17 16.22 I attest to the accuracy and integrity of this document Chandigarh
CRM-M-16787-2026 3 offence; the petitioner is in custody for the last 02 years 04 months and 03 days and is not involved in any other case coupled with the fact that the trial is likely to take considerable time, this Court is of the view that no useful purpose would be served by further incarceration of the petitioner. Accordingly, the petitioner is granted the concession of regular bail during the pendency of the trial. 8. Therefore, without expressing any opinion on the merits of the case, the instant petition is allowed. The petitioner is ordered to be released on regular bail on her furnishing requisite bail/surety bonds to the satisfaction of the trial Court/Duty Magistrate concerned. 9.
Nothing discussed hereinabove shall be construed as an expression of opinion on the merits of the case. 10. It is clarified that if while on bail so granted through the instant
order, the petitioner is found indulged in any other criminal case/activity, it shall be open to the State to seek cancellation of her bail.
(H.S.GREWAL) 16.07.2026
JUDGE renu
Whether speaking/reasoned: Yes/No Whether Reportable: Yes/No RENU RAWAT 2026.07.17 16.22 I attest to the accuracy and integrity of this document Chandigarh