CRM-M/36927/2026 of SUKHPREET SINGH Vs STATE OF PUNJAB on 10 July 2026

1. The present petition has been filed under Section 528 read with section 187 (3) of Bharatiya Nagarik Suraksha Sanhita (BNSS) (section 482 read with section 167(2) of the Code of Criminal Procedure), for quashing the impugned order dated 08.09.2025 (Annexure P-8) passed by the learned Additional Sessions Judge, Fatehgarh Sahib in CRR No. 71-2025, CNR PBFG01003648-2025 titled as Sukhpreet Singh versus State of Punjab and order dated 20.08.2025 (Annexure P-6) passed by the learned Duty Magistrate in BA No. 195/2025 titled as Sukhpreet Singh versus State of Punjab in case F.I.R. No. 54 dated 13.05.2025 under section 103 of the Bharatiya Nyaya Sanhita (BNS), 2023 (section 302 IPC) registered at Police Station Badali Ala Singh, District Fatehgarh Sahib, vide which the learned Magistrate has dismissed the application under section 187(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) (section 167(2) of the JANKI BHATT

Code of Criminal Procedure) for grant of default bail and the said order dated 20.08.2025 (Annexure P-6) has been upheld vide aforesaid impugned order dated 08.09.2025 (Annexure P-8) passed by the learned Additional Judge, Fatehgarh Sahib with a further prayer for grant of default bail under section 187 (3) of Bharatiya Nagarik Suraksha Sanhita (BNSS) (section 167(2) of the Code of Criminal Procedure) due to non-filing of complete challan within the prescribed period of 90 days from the date of arrest of the petitioner.

2. Learned counsel for the petitioner submits that the father of the petitioner Balwinder Singh was found dead and his body was recovered from a canal. Petitioner had reported his father as missing. The FIR has been authored by Anypreet Singh, sister of the petitioner, who has stated that their father was an alcohlic and she suspects that the petitioner has caused the death of his father. The investigation was kept pending due to chemical examination report. The chemical examination reported no poison. Thereafter, the opinion for cause of death was given as drowning.

3. Notice of motion.

4. Mr. Parneet Singh Pandher, A.A.G., Punjab accepts notice on behalf of the State and opposes the submissions made by learned counsel for the petitioner.

5. Having heard learned counsel for the parties and having perused the record, this Court finds merit in the present petition. The record reveals that except for the suspicion expressed by the complainant, there is no direct or circumstantial material connecting the petitioner with the alleged commission of the offence. It is also not disputed that the petitioner is in judicial custody since 14.05.2025. JANKI BHATT

6. Accordingly, the present petition is allowed. The impugned order dated 20.08.2025 passed by the learned Duty Magistrate, as affirmed by the order dated 08.09.2025 passed by the learned Additional Sessions Judge, Fatehgarh Sahib, is hereby set aside.

8. Pending miscellaneous application(s), if any, shall also stand disposed of.

(H.S.GREWAL) 10.07.2026

JUDGE Janki Whether speaking/reasoned : Yes/No Whether reportable : Yes/No JANKI BHATT