REEMA SAINI 2026.09.11 17:31 I attest to the accuracy and integrity of this document high court chandigarh CCCCRRRRM M M M----M M M M----22229999222233335555 ooooffff 2222000022226666 ((((OOOO&&&&M M M M)))) 2222 p.m., Tarsem Singh son of Balvir Singh and Jarnail Singh @ DC son of Gurbachan Singh, were taking his father on a red passion motorcycle without number plate. Complainant stated that he was convinced that his father was murdered by above persons, out of greed for money by strangulation, after which he was thrown in the dry drain near Sur Singh on the way from Puhla to Sur Singh. FIR was accordingly registered, petitioner and co-accused Jarnail Singh were arrested on 09.11.2024. Motor cycle was recovered from their possession. During interrogation, Tarsem Singh suffered disclosure statement that he was addicted to drugs and had come in contact with Jarnail Singh @ DC. Tarsem Singh was retired from FCI and had money. Left side of his body was not working. On 05.11.2024, he and Jarnail Singh, decided to snatch money from Tarsem Singh. They took him on a motor cycle to Pula Kacha road where they tried to snatch money from him and a fight ensued. He and Jarnail Singh put a cloth around his neck and strangulated him, due to which he died. Out of fear, they threw his dead body in the river. Pursuant to the disclosure statement, Tarsem Singh got recovered Parna used by him at the time of commission of offence. Engine number and chasis number of the motorcycle was found tampered and offence under Section 346 BNS was added. Final report was presented in the case. 3. Learned counsel for the petitioner submits that in the first information to the police, no allegation of murder was levelled, nor petitioner was named. Name of the petitioner figured for the first time after 4 days, in statement of the complainant. Petitioner had no enmity with deceased. There was no direct eye witness account of the occurrence. Challan had already been presented. Out of 16, only 2 prosecution witnesses REEMA SAINI 2026.09.11 17:31 I attest to the accuracy and integrity of this document high court chandigarh CCCCRRRRM M M M----M M M M----22229999222233335555 ooooffff 2222000022226666 ((((OOOO&&&&M M M M)))) 3333 were examined. PW-1 Mandeep Singh and PW-2 Paramjit Kaur recorded during the trial, did not witness the occurrence and deposed on the basis of suspicion. Death occurred when deceased fell into the canal on account of paralysis. Petitioner, who was in custody w.e.f. 9.11.2024, thus, deserved to be enlarged on regular bail. 4. Learned State counsel has opposed the prayer for regular bail submitting that even though the case was based on circumstantial evidence, petitioner was named in the first information report. Mandeep Singh had seen him and Jarnail Singh taking deceased on a red motor cycle. Pursuant to his disclosure statement, he got recovered the parna, used for commission of offence. Therefore, considering the serious nature of allegations and gravity of charge, petitioner was not entitled to the concession of regular bail. 5. In the first report to the police, complainant did not express any suspicion against the petitioner. The death was reported to be natural or accidental. FIR was registered after 4 days alleging that petitioner with co- accused was last seen with the deceased. Petitioner along with co-accused are alleged to have strangulated the deceased with Parna. However, the cause of death is not yet forthcoming on record. Petitioner has clean antecedents. He is in custody for the last almost 1 year and 9 months. Out of 11, only 2 witnesses have been examined. 6. Speedy trial has now been recognised as a facet of right to life under Article 21 of the Constitution of India. Prolonged custody of an accused and delay in trial entitles him to bail. Law in this regard has been settled by Hon’ble the Supreme Court of India in SSSSaaaaggggaaaarrrr AAAAsssshhhhooookkkk SSSSaaaattttkkkkaaaarrrr VVVVeeeerrrrssssuuuussss TTTThhhheeee SSSSttttaaaatttteeee ooooffff M M M Maaaahhhhaaaarrrraaaasssshhhhttttrrrraaaa,,,, CCCCrrrrllll.... AAAAppppppppeeeeaaaallll NNNNoooo.... 2222888877770000 ooooffff 2222000022224444 ddddeeeecccciiiiddddeeeedddd oooonnnn REEMA SAINI 2026.09.11 17:31 I attest to the accuracy and integrity of this document high court chandigarh CCCCRRRRM M M M----M M M M----22229999222233335555 ooooffff 2222000022226666 ((((OOOO&&&&M M M M)))) 4444 11112222....00007777....2222000022224444; NNNNiiiilllleeeesssshhhh VVVViiiitttthhhhoooobbbbaaaa GGGGaaaaddddaaaaddddeeee VVVVeeeerrrrssssuuuussss TTTThhhheeee SSSSttttaaaatttteeee ooooffff M M M Maaaahhhhaaaarrrraaaasssshhhhttttrrrraaaa aaaannnndddd aaaannnnooootttthhhheeeerrrr,,,, CCCCrrrrllll.... AAAAppppppppeeeeaaaallll NNNNoooo....3333000044440000 ooooffff 2222000022225555 ddddeeeecccciiiiddddeeeedddd oooonnnn 11118888....00007777....2222000022225555 and BBBBaaaallllwwwwiiiinnnnddddeeeerrrr SSSSiiiinnnngggghhhh VVVVeeeerrrrssssuuuussss SSSSttttaaaatttteeee ooooffff PPPPuuuunnnnjjjjaaaabbbb aaaannnndddd aaaannnnooootttthhhheeeerrrr SSSSppppeeeecccciiiiaaaallll LLLLeeeeaaaavvvveeee ttttoooo AAAAppppppppeeeeaaaallll ((((CCCCrrrriiiimmmmiiiinnnnaaaallll)))) NNNNoooo.... 8888555522223333 ooooffff 2222000022224444 ddddeeeecccciiiiddddeeeedddd oooonnnn 00009999....00009999....2222000022224444.... 7. Case is based on circumstantial evidence. There is no reason to suspect that petitioner would evade the trial or tamper with evidence. Conclusion of trial and its speedy disposal is not in sight. Prolonged incarceration of petitioner violates his fundamental right of life and personal liberty guaranteed by Article 21 of the Constitution of India. In the light of governing principal of laws, further detention of the petitioner is not warranted, given his clean antecedents and fixed abode. In facts and circumstances of the case but without commenting on merits, petitioner is ordered to be released on regular bail subject to his furnishing adequate bail and surety bonds to the satisfaction of trial Court/Duty Magistrate. All the pending miscellaneous applications, if any, stand disposed of. ((((SSSSHHHHAAAALLLLIIIINNNNIIII SSSSIIIINNNNGGGGHHHH NNNNAAAAGGGGPPPPAAAALLLL)))) JUDGE 11111111....00009999....2222000022226666 reema Whether speaking/reasoned : Yes Whether reportable : No REEMA SAINI 2026.09.11 17:31 I attest to the accuracy and integrity of this document high court chandigarh