JUDGMENT Avneesh Jhingan, J. - The matter is taken up for hearing through video conference due to COVID-19 situation. 2. This is a petition seeking regular bail in case FIR No.42, dated 10th March, 2020, under Sections 302, 323, 341, 506, 147, 149 IPC, registered at Police Station Lalru, District SAS Nagar. 3. During the inquiry Section 302 IPC was deleted and Section 304 was added. 4. The FIR was at the behest of Gurtej Singh. It was stated that on 10th March, 2020 at about 9.45 AM, the complainant alongwith his uncle was going to their fields. At that time, Joginder Singh alongwith Kuldeep Singh, Kulvir Singh, Baljinder Singh, Mandeep Singh and Jashanpreet Singh (petitioner) were standing in the street having colours in their hands and the accused started throwing colours on them. When objected, accused started fighting. Joginder Singh raised a lalkara, the father of the complainant reached at the spot, he was dragged and given fist blows on his chest, stomach and head. The father of the complainant was got admitted in Indus Hospital where he died. 5. Learned counsel for the petitioner submits that as per the PMR there were no external injuries and the cause of the death was 'cardiac arrest'. 6. Learned counsel for the complainant vehemently opposes the prayer for grant of bail. 7. Learned State counsel submits that initially cancellation report was proposed which was not accepted by the Senior Superintendent of Police, SAS Nagar, Mohali. On a subsequent application given by the complainant, the matter was re-investigated, Section 302 IPC was deleted and Section 304 IPC was added. She is not in a position to dispute that as per PMR the cause of death was 'cardiac arrest'. The relevant portion of the report is quoted below: "In our final opinion the immediate cause of death is acute myocardial infarction with sudden cardiac arrest which is sufficient to cause death in ordinary course of nature." 8. There is no specific role attributed to the petitionerJashanpreet Singh. The allegations are that fist blows and kicks were given to the father of the complainant. There were no external injury mark. 9.
There is no specific role attributed to the petitionerJashanpreet Singh. The allegations are that fist blows and kicks were given to the father of the complainant. There were no external injury mark. 9. Considering the cause of death as mentioned in the PMR and that co-accused was granted anticipatory bail by this Court, the petitioner- Jashanpreet Singh is granted bail subject to his furnishing bail bonds to the satisfaction of the Chief Judicial Magistrate/ Duty Magistrate concerned. 10. The petition is allowed. 11. It is clarified that observations made hereinabove shall not be construed as an expression of opinion on the merits of the case.