Lakhwinder Singh vs State Of Punjab on 12 September, 2023
4. This is how, by way of present second petition, prayer has again
been made for grant of regular bail to the petitioner. While referring to the
report of the chemical examiner dated 05.02.2022, learned counsel for the
petitioner submits that as per it the exact cause of death cannot be ascertained
in this case, however, possibility of death due to cardiac arrest resulting from
hypertensive heart disease and marked atherosclerosis cannot be ruled out. He
thus, submits that at best the present may be a case falling under Section 302
Part-II IPC and not Section 302 IPC, against which the petitioner has already
remained in custody for a period of more than 1 year and 7 months and
extension of his custody was uncalled for. He also submits that the
investigation having been concluded with the filing of challan followed by
framing of charges and only 1 witness been examined out of the total 13 cited
by the prosecution, trial was likely to take some time and no useful purpose
was going to be served by keeping the petitioner behind the bars. He further
submits that in the present case, post examination of PW-1 namely Satvir
Kaur (complainant), one additional accused namely Karamjit Singh @ Pamma
has been summoned in exercise of powers under Section 319 Cr.P.C., by the
trial Court who is yet to appear and thus, the trial is again going to take some
time. Learned counsel for the petitioner also relies upon the order dated
11.04.2023 passed in CRM M-61040-2022 titled as Lakhwinder Singh and
Another Vs. State of Punjab, to contend that in the same FIR, co-accused
namely Sukhwinder Kaur i.e. wife of the petitioner has already been granted
concession of regular bail.