Rohit v. State Of Punjab
-1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-59455-2025(O&M) Date of Decision: 17.03.2026 ROHIT ... PETITIONER
VERSUS
STATE OF PUNJAB ... RESPONDENT CORAM : HON'BLE MR. JUSTICE H.S.GREWAL Present:- Mr. Anosh Samson, Advocate for the petitioner. Mr. P.S.Pandher, Asst. A.G.Punjab.
H.S. Grewal, J.(Oral) 1.
This petition has been filed under Section 483 of the BNSS, 2023 for grant of regular bail to the petitioner in FIR No. 0103 dated 14.09.2024 under Sections 115(2), 126(2), 3(5) of BNS of 2023 (Section 103 of BNS added later on) registered at Police Station Dera Baba Nanak, Batala. 2.
The case of the prosecution is that on 07.09.2024, the complainant was going to village Pakhoke Tahli Sahib to meet his son, Rajan Masih, who had not returned home. When he reached near the turning of Corridor Road, village Pakhoke, the petitioner along with co-accused Sabi intercepted him. Sabi raised a lalkara, alleging that Rajan had implicated them in a theft case and exhorted to teach him a lesson. Thereafter, the petitioner caught hold of the complainant, threw him to the ground, and assaulted him, causing injuries. The complainant was initially taken home and later admitted to Civil Hospital, Dera Baba Nanak, and subsequently referred to Gurdaspur and Amritsar for
-2treatment. After being discharge, he reported the matter to the police along with his medico-legal report. During the course of investigation, the complainant died on 24.10.2024. The alleged motive is that Rajan Masih had named the accused in a theft case.
3.
Learned counsel for the petitioner contends that the petitioner has been falsely implicated in the present case due to previous enmity. He further submits that the alleged incident occurred on 07.09.2024, whereas the complainant died on 24.10.2024 due to multiple organ failure. It is argued that although the offence was enhanced to Section 307 IPC, the cause of death cannot be connected with the injuries allegedly inflicted upon the complainant. It is further submitted that the petitioner is in custody since 10.05.2025. 4.
On the other hand, ld. State counsel has vehemently opposed the prayer made by learned counsel for the petitioner for the grant of regular bail on the ground that the allegations against the petitioner are grave and serious. He has filed the status report by way of an affidavit of Joga Singh, PPS, Deputy Superintendent of Police, Sub Division Dera Baba Nanak Police District Batala and custody certificate in Court today and the same are taken on record. He further submits that the petitioner is in custody for the last 01 year 02 months and 12 days and is not involved in any other case. 5.
I have heard the submissions made by the parties and gone through the record.
6.
Per contra, having considered the aforesaid facts and circumstances and the fact that the petitioner is in custody for the last 01 year, 02 months and 12 days; is not involved in any other case; as per the status
-3report, the final medical opinion has been obtained, which attributes the cause of death was due to multi-organ failure, and further that the trial is likely to take considerable time to conclude, this Court is of the opinion that continued detention of the petitioner would serve no useful purpose. 7.
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 his furnishing requisite bail/surety bonds to the satisfaction of the trial Court/Duty Magistrate concerned.
8.
Nothing discussed hereinabove shall be construed as an expression of opinion on the merits of the case.
9.
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 his bail. 10.
Pending applications, if any, shall also stand disposed of. 17.03.2026 (H.S.GREWAL) renu JUDGE Whether speaking/reasoned :
Yes/No Whether reportable:
Yes/No