Judgment Mr. Raj Mohan Singh, J.: - Petitioner has preferred this petition under Section 439 Cr.P.C for grant of regular bail in case bearing FIR No.93 dated 09.06.2020 registered under Section 304 IPC at Police Station Longowal, District Sangrur. 2. FIR was registered on the statement of Jaswant Singh with the allegations that on 08.06.2020, petitioner along with others started demolishing the ‘Wat’ of the field, where the complainant was already working along with Jarnail Singh and Jeet Singh @ Jeeta. When the complainant saw the accused persons demolishing the Wat, then the complainant went near them in order to restrain them. The brother of the complainant also came there from the house as their house is situated nearby the land. Complainant party stopped the accused party from demolishing the Wat and thereafter, they went to their respective homes after agreeing with the complainant. The brother of the complainant namely Beant Singh went to Longowal for taking domestic goods and the complainant remained in the fields to work along with the labourers. At about 2:45 PM, Gagandeep Singh, Harjit Singh and Gurdev Singh came there on their tractor, which was fitted with ploughs. The tractor was being driven by Gagandeep Singh. Harjit Singh and Gurdev Singh were sitting on the sides. Gagandeep Singh brought the tractor near to the complainant and rotated the same on the side of the complainant. Complainant tried to save himself, but a plough pierced into his right thigh. Gagandeep Singh kept on driving the tractor and took two rounds of the field. The complainant fell down in the field and the plough came out of the thigh with flesh. When the complainant was lying in the field, Gagandeep Singh lifted the ploughs up and again put the same on the complainant and plough hit on the left foot of the complainant. Gagandeep Singh again lifted up the ploughs, which hit on the head of the complainant. On hearing the alarm, the assailants fled away from the spot, leaving the tractor in the field. The brother of the complainant got him admitted in the hospital for treatment. With these allegations, the FIR came to be registered. 3. Initially, the FIR was registered under Sections 323, 324, 120-B and 149 IPC against the petitioner and other four accused persons namely Harjit Singh, Jagsir Singh, Gurdev Singh and Surjit Singh. Later on, Jaswant Singh died on 10.07.2020. With these allegations, the FIR came to be registered. 3. Initially, the FIR was registered under Sections 323, 324, 120-B and 149 IPC against the petitioner and other four accused persons namely Harjit Singh, Jagsir Singh, Gurdev Singh and Surjit Singh. Later on, Jaswant Singh died on 10.07.2020. Statement of his brother Beant Singh was recorded on 10.07.2020 and offence under Section 302 IPC was added vide DDR No.43 dated 10.07.2020. 4. According to the statement of Beant Singh, Jaswant Singh was referred after four days on 12.06.2020 from Civil Hospital Sangrur. He was admitted in Amar Hospital, Patiala, where he was discharged on 17.06.2020. Complainant party took Jaswant Singh at home and they used to get dressing done daily by calling Dr. Harjinder Singh Bhura and also used to get the dressing done every week from Amar Hospital, Patiala. After discharge, they got the dressing of Jaswant Singh done from Amar Hospital, Patiala on 22.06.2020, 29.06.2020 and 06.07.2020. Jaswant Singh had severe pain in the chest, due to which. Dr. Harjinder Singh Bhura was called who advised the complainant party to take him to Longowal. Beant Singh was on his way to Chandigarh. He received information on the way and he came to know that Dr. Sellu also referred his brother to Sangrur due to his serious condition. Jaswant Singh died on the way from Longowal to Sangrur. 5. Petitioner claimed that accused persons were falsely implicated and therefore, wife of the petitioner and others filed an application before Senior Superintendent of Police, Barnala against the false implication of the accused. Inquiry was marked to Superintendent of Police, Detective, Barnala. Vide inquiry dated 30.09.2020, Superintendent of Police, Detective, Barnala found the following facts:- “Conclusion:- So, from my complete enquiry it has been found that on 08.06.2020 when deceased Jaswant Singh was setting right the ‘wats’ with spade in his field, Gagandeep Singh was cultivating the land with tractor in his field, when Jaswant Singh due to previous enmity tried to attack accused Gagandeep Singh after boarding over the cultivators of tractor, Gagandeep Singh all of a sudden rotated the tractor and due to which cultivators also rotated, due to which deceased Jaswant Singh fell down from the cultivators, above said Gagandeep Singh was not aware as to whether while doing so that Jaswant Singh could get grievous injury or he could die. Even then it have been found to have caused injuries by rotating his tractor with cultivators to Jaswant Singh. Later on after about one month of the occurrence due to not proper treatment, deceased Jaswant Singh became serious in the house and it has been found while taking for treatment he died on the way. In this case except Gagandeep Singh, his brother Harjit Singh @ Budhu, father Gurdev Singh, Jagsir Singh and Surjit Singh resident of Attla Kalan have not been found to be guilty in the present case, who are found innocent and offence under Section 302, 149, 120-B IPC has not been found to be made out due to which offence is reduced to 304 IPC against above said Gagandeep Singh. In case it is approved, SHO Police Station be directed that he should present the challan in the case after completion of investigation under Section 304 IPC.” In the aforesaid inquiry, all other accused, except the petitioner were found to be innocent. Offence under Section 302 IPC was recommended to be reduced to offence under Section 304 IPC against the petitioner. 6. Learned counsel for the petitioner submitted that in view of material on record, even offence under Section 304 IPC is not attracted. As per medico legal report of the deceased, following five injuries were found on the person of Jaswant Singh:- “1. M/L lacerated wound, 3 in no., about 1.5 x 0.3cm on dorsal aspect of left foot. Adv ortho opinion. 2. ‘F’ shaped lacerated wound, superficial on anterio-medial aspect of right upper part of thigh, wound is abt 10 cm x 4cm (vertically) and about 20 cm x 3cm (horizontally lower limb of f) and about 15cm x 2cm (on other limb of f). Wound involve scrotal region of right side: adv ortho and surgery opinion. Movement of toes of right foot normal. 3. Incised wound 10cm X 0.2cm, oblique on right hypocoastal region of abdomen, superficial adv surgery opinion. 4. Incised wound 6cm x 0.2 cm on anterior aspect of right shoulder joint, vertical, superficial. Adv ortho opinion 5. M/L reddish bruise, 2 in no., abt 4cm x 1.5cm on right of forehead above eye. Adv surgery opinion.” 7. Jaswant Singh was hospitalized on 08.06.2020 itself at 3:30 PM. The opinion of the doctor was sought qua nature of injuries on the person of Jaswant Singh. Adv ortho opinion 5. M/L reddish bruise, 2 in no., abt 4cm x 1.5cm on right of forehead above eye. Adv surgery opinion.” 7. Jaswant Singh was hospitalized on 08.06.2020 itself at 3:30 PM. The opinion of the doctor was sought qua nature of injuries on the person of Jaswant Singh. Doctor after going through the medical treatment and ortho and surgical opinion vide CR No.8401/433 dated 08.06.2020 of Civil Hospital, Sangrur and medical record of Amar Hospital vide MLR No.20200/4703 dated 11.06.2020, declared injuries No.1 to 5 as simple in nature on 05.10.2020. 8. During course of treatment of Jaswant Singh in Amar Hospital, CECT Scan was conducted on 08.06.2020. CECT of Abdomen and Scrotum was done and following characteristics were noticed:- “CECT of abdomen and scrotum was done using single slice spiral CT taking 10 mm contiguous sections with 5 mm. pitch starting from the domes of diaphragm till the perineum & evaluated. Oral and non lonic I/V contrast was given. No adverse reaction was observed. CT Findings are: LIVER: Enlarged in size. Both the lobes show decreased attenuation s/o fatty infiltration. IHBR are not dilated. No obvious focal lesion is seen. The hepatic and portal venous radicles are normal. Porta hepatis is normal. Portal vein is normal. GALL BLADDER: Normal in distension. No intraluminal calculus or mass is seen. Wall thickness is normal. No pericholecystic fluid collection is present. CBD is also normally seen. PANCREAS: Normal in size and shape. Shows homogenous density in the region of head, body & tail. No focal lesion is seen MPD is unremarkable. SPLEEN: Normal in size, shape and density value. No focal area of abnormal attenuation is seen. KIDNEYS: Both the kidneys are normal in size, site, shape and attenuation. Both show prompt excretion of the contrast. The cortico-medullary differentiation is normal. The pelvicalyceal system does not show any hydronephrosis or calculus. No parenchymal mass is seen. Both the ureters are normally outlined in their entire course. URINARY BLADDER: Empty. A filling defect due to indwelling bulb of catheter is seen. PROSTATE: Normal in size. It shows homogenous contrast attenuation values. Capsule appears to be intact. No obvious focal lesion is seen. The aorta and its branches and IVC show normal enhancement after contrast administration. The visualized contrast/air filled gut coils are normal in calibre. No ascites is seen. No free fluid is seen in the pleural cavities. PROSTATE: Normal in size. It shows homogenous contrast attenuation values. Capsule appears to be intact. No obvious focal lesion is seen. The aorta and its branches and IVC show normal enhancement after contrast administration. The visualized contrast/air filled gut coils are normal in calibre. No ascites is seen. No free fluid is seen in the pleural cavities. The visualised part of the left lower lobe shows ground glass opacities. The scrotum appears to be normal. No definite focal lesion is seen in the testes. The right thigh shows multiple tiny air pockets in the subcutaneous tissue and around the muscles of the medial side. No localized fluid collection is seen. CT FINDINGS ARE:- . No solid organ injury seen in abdomen. . No definite focal lesion seen in the scrotum. . Subcutaneous air seen in right thigh. . Ground glass opacities visualised part of left lung.” 9. Perusal of the medical history of Jaswant Singh would show that after the occurrence dated 08.06.2020 and lodging of FIR on 08.06.2020 itself, he was hospitalized on 08.06.2020 and was discharged on 11.06.2020. On 11.06.2020 itself, he was admitted in Amar Hospital, Patiala and discharged from the hospital on 17.06.2020. Ultimately, he died on 10.07.2020 due to chest pain. The cause of death was Asphyxia due to Aspiration, which was found to be sufficient to cause death in ordinary course of nature. 10. Learned counsel further submitted that the petitioner was discharged from the hospital in a satisfactory condition and therefore, he did not die due to the injuries allegedly attributed to the petitioner, rather he died, due to some other reason. As per medical opinion, injuries received by him were simple in nature. Jaswant Singh died after 23 days of discharge from the hospital on 17.06.2020. The injuries were on the non-vital part of his body. FIR was registered at the instance of the then injured i.e. deceased Jaswant Singh himself, who nowhere stated in the FIR that the injuries were caused with an intention to cause death. The injuries were not likely to cause death, therefore, ingredients of offence under Section 304 IPC are missing altogether. Learned counsel further submitted that the challan has been presented on 08.10.2020 and petitioner is in custody since 15.07.2020. Charges have also been framed, but prosecution evidence has not yet started. 11. The injuries were not likely to cause death, therefore, ingredients of offence under Section 304 IPC are missing altogether. Learned counsel further submitted that the challan has been presented on 08.10.2020 and petitioner is in custody since 15.07.2020. Charges have also been framed, but prosecution evidence has not yet started. 11. Learned State counsel duly assisted by learned counsel for the complainant, however, opposed the bail on the ground that the petitioner inflicted serious injuries on the person of deceased Jaswant Singh and due to impact of the injuries, he died later on. The postmortem examination of the deceased has revealed that the old wounds were found on his body. No new wound was found. The allegations are grave in nature and issue has to be appreciated by the Court on the basis of evidence to be led by the prosecution during trial. Learned counsel for the complainant also submitted that the police has conducted the investigation in a partial manner. He alleged mala fide against one Pushpinder Singh, DSP, Patiala, who has pressurized the official respondents i.e. Deputy Superintendent of Police, Sunam and SHO, Police Station Longowal, not to proceed in the matter. He further submitted that against the conduct of the police officer, he has preferred petition under Section 482 Cr.P.C i.e. CRM-M No.25015 of 2020. 12. Having heard learned counsel for the parties, I find that as per medical opinion, injuries No.1 to 5 on the person of deceased Jaswant Singh were found to be simple in nature. Medico legal report was conducted on 08.06.2020 itself. All the five injuries were found to be simple in nature on the basis of medical treatment and ortho and surgical opinion vide CR No.8401/433 dated 08.06.2020 of Civil Hospital, Sangrur and medical record of Amar Hospital vide MLR No.20200/4703 dated 11.06.2020. Even CECT Abdomen and Scrotum of Jaswant Singh would show that all the organs were found to be normal. Specific reference was made in the report of CECT Abdomen and Scrotum of Liver, Gall Bladder, Pancreas, Spleen, Kidneys, Urinary Bladder and Prostate. CT findings showed that no solid organ injury seen in abdomen. No definite focal lesion seen in the scrotum. Subcutaneous air seen in right thigh. Ground glass opacities visualised part of left lung. Jaswant Singh was discharged from Amar Hospital on 17.06.2020 in a satisfactory condition. CT findings showed that no solid organ injury seen in abdomen. No definite focal lesion seen in the scrotum. Subcutaneous air seen in right thigh. Ground glass opacities visualised part of left lung. Jaswant Singh was discharged from Amar Hospital on 17.06.2020 in a satisfactory condition. After 23 days, he died on 10.07.2020, due to some other reason. The cause of death was found to be Asphyxia due to Aspiration. The medical terminology in respect of cause of death, would give some different connotation. The offence was converted from Section 302 IPC to Section 304 IPC on the basis of conclusion drawn by Superintendent of Police, Detective, Barnala, wherein the police found that when the petitioner was cultivating the land with his tractor in the field, then Jaswant Singh due to previous enmity, tried to attack accused Gagandeep Singh after boarding over the cultivators of tractor. Petitioner all of a sudden rotated the tractor and due to which cultivators also rotated and Jaswant Singh fell down from the cultivators. Petitioner was not aware as to whether while doing so, Jaswant Singh could get grievous injury or he could die. The intention to commit culpable homicide, not amounting to murder on the part of the petitioner would remain debatable in view of the aforesaid facts. Petitioner is in custody since 15.07.2020. Challan has already been presented, but no prosecution evidence has been examined so far. The trial of the case may take some time in its culmination. 13. At this stage, without meaning anything on merits of the case and taking into consideration the situation arising out of COVID-19 Pandemic, I deem it appropriate to enlarge the petitioner on regular bail, subject to his furnishing adequate bail bonds and surety bonds to the satisfaction of the trial Court/concerned Duty Magistrate. 14. Nothing expressed hereinabove, would be construed to be an opinion on the merits of the case.