CRM-M-11960-2026 CRM-M-23719-2026 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 213+219 CRM-M- 11960-2026 BALJIT KAUR ......Petitioner Versus STATE OF PUNJAB ......Respondent CRM-M- 23719-2026 GURCHARAN SINGH ALIAS CHANN ALIAS SONU ......Petitioner Versus STATE OF PUNJAB ......Respondent Decided on : 23.07.2026 CORAM: HON'BLE MR. JUSTICE SANJAY VASHISTH Present: Mr. J.S. Jaidka, Advocate, and Mr. Sukhpreet S. Sohal, Advocate, for the petitioner in CRM-M-11960-2026. Mr. Mohinder Singh Kathuria, Advocate, for the petitioner in CRM-M-23719-2026. Mr. Vinay Malhotra, DAG, Punjab, assisted by ASI Rajinder Singh. **** SANJAY VASHISTH, J. By this common order, both the aforementioned petitions shall stand disposed of. 1. Present petitions have been filed by the petitioners, seeking grant of regular bail, in case, FIR No.224 dated 31.10.2023, under LAVISHA 2026.07.23 14:36 I attest to the accuracy and integrity of this document PHHC, Chandigarh CRM-M-11960-2026 CRM-M-23719-2026 2 Sections 302 and 34 of IPC (corresponding to sections 103 and 3(5) of BNS), registered at Police Station Sidhwan Bet, District Ludhiana. 2. As per the case of prosecution, alleged incident of murder took place during the intervening night of 30/31.10.2023. It is alleged that at about 8:00 p.m., complainant-Jaswinder Kaur, was present at the house of her brother-Gurdeep Singh, when accused Gurcharan Singh @ Sonu (petitioner in CRM-M-23719-2026) also arrived there. It is further alleged that Gurcharan Singh @ Sonu was having illicit relations with Baljit Kaur (wife of Gurdeep Singh) [petitioner in CRM-M-11960-2026]. As per the prosecution, at about 2:00 a.m., while everyone was asleep, complainant heard some noise and found accused Gurcharan Singh @ Sonu, Baljit Kaur (present petitioners), and co-accused Gurmeet Singh @ Baba present in the room. It is alleged that Baljit Kaur had caught hold of the legs of Gurdeep Singh, while Gurcharan Singh @ Sonu strangulated his neck with a cloth, resulting in his death. 3. Learned counsel for the respective petitioners submits that information regarding the occurrence reached the police station at about 6:40 p.m. on 31.10.2023, whereafter present FIR came to be registered on the statement of complainant-Jaswinder Kaur. It is further submitted that complainant-Jaswinder Kaur, has already been examined as PW-1. Out of total 13 prosecution witnesses, only one witness has been examined, while two witnesses have been given up. Learned counsel contends that complainant is the sole and principal eye-witness to the alleged occurrence and, since she has already LAVISHA 2026.07.23 14:36 I attest to the accuracy and integrity of this document PHHC, Chandigarh CRM-M-11960-2026 CRM-M-23719-2026 3 been examined before the Trial Court, there is no likelihood of the petitioners influencing the witness or tampering with the prosecution evidence. 4. Learned counsel further submits that very presence of the complainant at the place of occurrence, is a matter which would require adjudication during the course of trial. It is argued that, being a married woman, her presence at her brother's house during the night, appears to be unnatural, particularly when the investigating agency has not collected any independent evidence to corroborate or probabilise her presence there at the relevant time. 5. It is also contended that, as per the post-mortem report, no external injury was found on any part of the body of the deceased, except abrasions around the neck. Further, there is no medical evidence to indicate that complainant sustained any injury, while allegedly attempting to rescue her brother, which also casts doubt upon her presence at the spot. 6. Learned counsel lastly submits that possibility that deceased may have committed suicide by hanging cannot be ruled out and thereafter, time was taken to concoct the prosecution version before lodging the FIR. Thus, counsel jointly pray for grant of regular bail to the petitioners in the present case. 7. In response to the arguments addressed by learned counsel for the petitioners, learned State counsel, produces the custody certificates of the petitioners dated 22.07.2026 in Court today, which are LAVISHA 2026.07.23 14:36 I attest to the accuracy and integrity of this document PHHC, Chandigarh CRM-M-11960-2026 CRM-M-23719-2026 4 taken on record. Office to tag the same at appropriate place. A copy thereof has been handed over to the counsel for the petitioners. As per the custody certificates, in the present case, both the petitioners have already undergone 02 years 08 months and 20 days period inside jail. 8. Learned State counsel is unable to dispute any of the factual assertion as stated by counsel for the petitioner today before this Court. However, he prays for dismissal of the present petition. 9. This Court has heard the submissions advanced by learned counsel for the parties and has carefully perused the material available on record. 10. During the course of arguments, learned State counsel was unable to point out any other incriminating material against the present petitioners, apart from the evidence already noticed here above. Petitioners have remained inside jail for a period of approximately two years and eight months. Complainant, who is the sole alleged eye-witness to the occurrence, has already been examined before learned Trial Court. In these circumstances, possibility of the petitioners influencing the prosecution evidence, appears to be substantially diminished. Furthermore, trial is still in progress and is likely to take some more time to conclude. Consequently, no useful purpose would be served by keeping the petitioners incarcerated for an indefinite period. 11. Without expressing any opinion on the merits of the case, and having regard to the totality of facts and circumstances, period of LAVISHA 2026.07.23 14:36 I attest to the accuracy and integrity of this document PHHC, Chandigarh CRM-M-11960-2026 CRM-M-23719-2026 5 custody undergone by the petitioners, stage of the trial, and the factors noticed here above, this Court deems it appropriate to extend the concession of regular bail to the petitioners in the present case. Consequently, prayer made in the present petitions is allowed. Both the petitioners are ordered to be released on bail, subject to their furnishing bail/surety bonds to the satisfaction of the learned trial Court/ Chief Judicial Magistrate/ Illaqa Magistrate/ Duty Magistrate concerned, if not required in any other case. 12. Needless to observe that the petitioners shall not extend any threat and shall not influence any prosecution witness in any manner directly or indirectly. 13. Any of the discussion done and recorded here above, 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. 14. Both the present petitions stand disposed of. 15. A photocopy of this order be placed on the file of other connected case. (SANJAY VASHISTH) JUDGE 23.07.2026 Lavisha Whether Speaking/Reasoned: YES/NO Whether Reportable: YES/NO LAVISHA 2026.07.23 14:36 I attest to the accuracy and integrity of this document PHHC, Chandigarh