Anwar Singh v. State Of Punjab

In The High Court for the States of Punjab and Haryana At Chandigarh Date of Decision:- 4.7.2022 Anwar Singh .... Petitioner

Versus

State of Punjab ... Respondent

CORAM:

HON'BLE MR. JUSTICE GURVINDER SINGH GILL Present:- Mr. Pardhuman Garg, Advocate, for the petitioner. Mr. Luvinder Sofat, AAG, Punjab, assisted by ASI Piara Singh.

***** GURVINDER SINGH GILL, J . (Oral) 1.

The petitioner has approached this Court seeking grant of anticipatory bail in respect of a case registered against him vide FIR No.348 dated 1.10.2020, Police Station Sadar Fazilka under Section 61/1/14 of Punjab Excise Act, 1914.

2.

At the time of issuance of notice of motion the following order was passed on 7.2.2022:

"The petitioner has approached this Court seeking grant of anticipatory bail in respect of a case registered vide FIR

- 2 - No.348 dated 1.10.2020, Police Station Sadar Fazilka under Section 61/1/14 of Punjab Excise Act, 1914.

Learned counsel for the petitioner contends that the police claims to have conducted a raid at the house of the petitioner on 1.10.2020 and it is alleged that the petitioner ran away from the spot though the police was able to recover 40 liters of 'lahan' and other equipment for distilling illicit liquor. It has been submitted that it remains unexplained as to how the petitioner was able to give a slip to the police though the police officials must have been duly armed and would be having some vehicle as well.

Notice of motion for 4.7.2022.

Meanwhile, in the event of arrest, the petitioner be released on interim bail subject to his furnishing personal bonds and surety bonds to the satisfaction of Arresting/Investigating Officer. However, the petitioner shall join investigation as and when called upon to do so and cooperate with the Arresting/Investigating Officer and shall abide by the conditions as provided under Section 438(2) Cr.P.C."

3.

Learned State counsel, upon instructions from ASI Piara Singh, has informed that pursuant to interim directions, the petitioner has joined investigation and is not required for custodial interrogation. 4.

Having regard to the aforestated position wherein the petitioner has joined investigation and is not required for any custodial interrogation, the petition is accepted and the interim directions issued by this Court vide order dated 7.2.2022 is hereby made absolute subject to the condition that the petitioner shall join investigation as and when called upon to do so and cooperate with

- 3 - the Investigating Officer and shall also abide by the conditions as provided under Section 438 (2) Cr.P.C.

4.7.2022 (GURVINDER SINGH GILL) Mohan JUDGE Whether speaking /reasoned Yes / No Whether Reportable Yes / No