CRM-M-12598-2026 -1- IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH **** 284 CRM-M-12598-2026 Date of Decision : 14.07.2026 SUNIL ...Petitioner VERSUS STATE OF HARYANA ...Respondent CORAM: HON’BLE MS. JUSTICE AARADHNA SAWHNEY Present: Mr. G.S. Sandhu, Advocate for the petitioner. Mr. Armaan Dahiya, AAG, Haryana. **** AARADHNA SAWHNEY, J. (ORAL) 1. This is the second petition for grant of bail under Section 483 BNSS, filed by petitioner, an accused in case bearing FIR No.96 dated 24.07.2024 registered against him at Police Station Sector Alewa, District Jind, for the commission of offences punishable u/s 108 of BNS (erstwhile Section 306 of IPC) and Section 103(1) of BNS (earlier Section 302 of IPC) added later on. First petition bearing CRM-M-17657-2025 seeking similar relief was withdrawn by him on 10.12.2025. 2. Facts necessary for disposal of this petition have been taken from para 2 of the Supplementary Status Report dated 12.07.2026 filed by way of affidavit of Mr.Sanjay Kumar, Deputy Superintendent of Police, Uchana, District Jind. The same is reproduced as under:- “2. That, brief facts of the case in nutshell are that the present FIR has been registered on the basis of the statement of Vikram @ Vicky (complainant), son of Nafe Singh, who in his statement has alleged that he has four sisters and three brothers, all of whom are married. NISHA 2026.07.20 10:30 I attest to the accuracy and integrity of this document CRM-M-12598-2026 -2- His sister, Mamta Devi, was married to Sunil (present petitioner) in the year 2016. She had three sons from the said wedlock. Vikram @ Vicky further alleged that Sunil-petitioner, used to continuously harass his sister Mamta Devi. Owing to the persistent harassment, a complaint had been lodged with the Mahila Mandal, Jind, approximately three years ago. Subsequently, a compromise was arrived at between the panchayats of both villages. It was further alleged that Sunil-petitioner was habitual of consuming intoxicating substances and under their influence, used to physically assault Mamta Devi. On 24.07.2024, at around 06:00 AM, some persons from village Bighana, Tehsil Alewa, District Jind, informed Vikram's father over the phone that Mamta Devi had committed suicide by hanging. Upon receiving the said information, the complainant/Vikram @ Vicky, along with his family members, immediately proceeded to village Bighana and found the dead body of his sister Mamta Devi lying on a cot. They interacted with the Sunil-petitioner and his family members, who stated that Mamta had committed suicide by hanging herself and that Sunil-petitioner had tried to save her but she had already passed away. The complainant/Vikram @ Vicky further stated that his sister Mamta Devi had been residing separately from her in-laws for the last 3-4 years, during which time Sunil-petitioner continued to subject her to physical assault and mental harassment. The complainant/Vikram @ Vicky and his family are firmly of the belief that Mamta Devi committed suicide by hanging on the night of 24.07.2024 due to the ongoing cruelty and torture inflicted upon her by her husband Sunil/petitioner.” On the basis of said complaint, initially a formal case vide FIR No.96 dated 24.07.2024, u/s 108 of BNS (earlier Section 306 of IPC) and Section 103(1) of BNS (earlier Section 302 of IPC) added later on, was registered. NISHA 2026.07.20 10:30 I attest to the accuracy and integrity of this document CRM-M-12598-2026 -3- During the course of investigation, Scarf/Dupatta used by victim to commit suicide was taken into possession. Inquest proceedings were also conducted. Postmortem examination of dead body was got conducted on 24.07.2024, after which dead body was handed over to the relatives for performing last rites. At the said time, the Board of Doctors did not give any specific opinion with regard to Cause of Death and opined as under:- “In my opinion the cause of death will be given after receipt of chemical analysis report from RFSL Sunariya, Rohtak and histopathologial report from BPS Khanpur Kalan Sonipat and Police investigation report.” Sealed parcels handed over by the Medical Officer were taken into possession by the Investigation Officer through separate Recovery Memo for sending them to Department of Pathology, BPS Khanpur Kalan, Sonipat for further examination. On 26.07.2024 , petitioner joined the investigations and during the course of interrogation, he confessed to his involvement in the commission of offence and pointed out that there had been a verbal altercation between him and his wife on the night of 23.07.2024. Later that night his wife committed suicide. Scaled site plan of the place of occurrence was prepared. Statement of witnesses were recorded at various stages. On culmination of investigation, challan complete in all respect was prepared and filed in the Court. Petitioner was chargesheeted u/s 108 BNS/Section 103 BNS. NISHA 2026.07.20 10:30 I attest to the accuracy and integrity of this document CRM-M-12598-2026 -4- Admittedly, out of total 14 cited prosecution witnesses, only one witness i.e. complainant has been examined, who did not support the case of the prosecution. A copy of his statement recorded on oath before the learned trial Court has been appended as Annexure P-4. This fact has also been verified by the learned State counsel. As per the report dated 29.08.2024 of RFSL, Sunaria, “No common poison/ethyl alcohol/drug was detected in the exhibits”. On receipt of report of BPS, Government Medical College (Women), Khanpur, Sonepat and RFSL, Sunaria, Rohtak, fresh opinion of the doctors, who had conducted the postmortem examination was sought with respect to the ‘Cause of Death’. It was opined as follows:- “4/10/25 In continuation to PMR No. AJ/06/PMR/JIND/2024 dated 24.07.2024 of Mrs. Mamta Devi w/o Sunil 29 Years female R/o V.P.O. Bhigana, Jind PS Alewa, Jind. Reports from BPS Khanpur Kalan Medical college and RFSL Sunaria are brought to me by ASI Sunil Kumar Belt no. 27/Jind. After perusal of documents/Reports- 1) the Reports of department of Pathology BPS Khanpur Kalan, Sonipat-shows autolytic changes in all the viscera sample sent. 2) The reports of RFSL Sunaria shows no common poison/ethyl alcohol/ drug in the viscera samples provided. In my opinion the cause of death in this case is asphyxia due to compression over neck which is sufficient to cause death in normal (Ordinary) course of nature. Sd/- Medical Officer 04/10/25 M.O. Incharge, PHC Dehola." NISHA 2026.07.20 10:30 I attest to the accuracy and integrity of this document CRM-M-12598-2026 -5- 3. Aggrieved of the order dated 07.02.2026 passed by the learned Additional Sessions Judge, Jind vide which the third application for grant of bail filed by the petitioner was dismissed, a petition bearing CRM-M-17657-2025 was filed before this Court. As noticed hereinabove, the same was dismissed as withdrawn vide order dated 10.12.2025. This is the second petition seeking similar relief filed by the petitioner. 4. Learned counsel for the petitioner contends that petitioner has been falsely implicated in the present case. Falsity of the case set up by the complainant-party is apparent from the fact that complainant, at whose behest the criminal proceedings were initiated, did not support the case of prosecution. This being the ‘changed circumstances’, since the withdrawal of the first petition bearing CRM-M-17657-2025, learned counsel prays for taking lenient view in favour of the petitioner, who has been in custody since 26.07.2024, as the prospect of trial being concluded in the near future seems to be quite remote, for out of 14 prosecution witnesses only 01 has been examined till date. Prayer for allowing the petition has been made. 5. Per contra, while referring to the Supplementary Status Report dated 12.07.2026 filed by way of affidavit of Mr. Sanjay Kumar, Deputy Superintendent of Police, Uchana, District Jind, learned State counsel has opposed the request for grant of bail on the ground that petitioner used to physically and mentally harass his wife (late Mamta). It is further the submission of learned State counsel that in the light of the fact that an alternate charge u/s 302 IPC (now Section 103 BNS) has since been framed by the learned trial Court, till such time the doctors, who conducted the postmortem examination, are examined in the Court. It cannot be NISHA 2026.07.20 10:30 I attest to the accuracy and integrity of this document CRM-M-12598-2026 -6- said with certainty as to whether deceased committed suicide or she was murdered. In view of the seriousness and gravity of offence, dismissal of the petition has been prayed for. 6. I have heard the learned counsel for the parties and perused the documents available on record. 7. Agreeing with the submissions advanced by the learned State counsel, but without further adverting to the merits of the case, lest it may prejudice the trial, the Court is of the opinion, at this stage, no case for grant of bail is made out. 8. It is, however, the learned trial Court is directed to make sincere efforts to examine the doctors, who conducted the postmortem examination of the deceased at the earliest. Petitioner is granted liberty to move fresh petition seeking similar relief after examination of the doctor. 9. With the above-said observation, the present petition is dismissed. (AARADHNA SAWHNEY) JUDGE 14.07.2026 Nisha Yadav Whether Speaking/reasoned Yes/No Whether Reportable Yes/No NISHA 2026.07.20 10:30 I attest to the accuracy and integrity of this document