Brother Accused of Murdering His Own Sister Gets Bail After Sole Eyewitness—Another Sister—Turns Hostile: Punjab & Haryana High Court

Case Name: Hasanpreet Singh @ Monti v. State of Haryana

Date of Judgment: 23 July 2026

Citation: CRM-M-23869-2026

Bench: Justice Manisha Batra

Held: The Punjab & Haryana High Court held that continued incarceration in a murder prosecution cannot be justified where the prosecution’s case has suffered a substantial setback owing to the sole eyewitness and another material witness failing to implicate the accused during trial, particularly when the trial is progressing slowly and the likelihood of its early conclusion remains remote.

Summary: The petition arose from an application seeking regular bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, in a case involving allegations of matricide’s sibling equivalent, where the petitioner was accused of murdering his own sister with a wooden stick. According to the prosecution, the FIR was founded upon the statement of the deceased’s sister, who claimed to have witnessed the assault.

During investigation, the police relied upon the petitioner’s alleged disclosure statement, the recovery of the purported weapon of offence, and blood-stained clothes recovered after his arrest. However, the complexion of the prosecution case underwent a significant change once the trial commenced. The complainant, who was the sole eyewitness to the occurrence, did not support the prosecution when examined before the Trial Court. Equally significant was the testimony of the deceased’s father, who also failed to implicate the petitioner.

Taking note of these developments, the High Court observed that the prosecution’s primary ocular evidence had ceased to support the allegations, while the petitioner had already remained in custody for several months and only eight out of twenty-three prosecution witnesses had been examined. Considering the weakened evidentiary position at that stage of the trial and the bleak prospects of an early conclusion of proceedings, the Court concluded that further incarceration would serve no useful purpose and consequently enlarged the petitioner on regular bail, subject to appropriate conditions.

Decision: Allowing the petition, the Punjab & Haryana High Court directed the release of the petitioner on regular bail upon furnishing the requisite personal and surety bonds to the satisfaction of the competent Magistrate.