High Court of Punjab and HaryanaCRM-M/15254/2021allowed

Sahil v. State Of Haryana

2021-04-09Mrs. Justice Manjari Nehru Kaul2 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M-15254-2021 Decided on : 09.04.2021 Sahil . . . Petitioner(s)

Versus

State of Haryana . . . Respondent(s) CORAM: HON'BLE MRS. JUSTICE MANJARI NEHRU KAUL PRESENT: Mr. Ajay Bansal, Advocate for the petitioner(s).

Mr. Rajiv Goel, DAG, Haryana.

**** MANJARI NEHRU KAUL , J. (Oral) The instant petition has been filed under Section 439 Cr.P.C. for grant of regular bail to the petitioner in case FIR No. 27, dated 03.02.2021, registered under Sections 420, 467, 468, 471 IPC and Section 61 of the Punjab Excise Act, 1914 (Haryana Amendment Bill, 2020), lodged at Police Station Israna, District Panipat.

Learned counsel for the petitioner contends that the petitioner has been in custody since 03rd February, 2021 and only challan has been presented till date. He further submits that neither was the petitioner named in the secret information which was received by the police officials nor was he owner of the poultry farm from where the recovery of 29 cases of the country-made liquor was effected. He further submits that the petitioner is not a man of criminal antecedents, inasmuch as, he is not involved in any other case of similar nature. Therefore, he may be extended the concession of regular bail.

Per contra, learned State counsel has opposed the prayer and JAWALA RAM 2021.04.09 17:35 I attest to the accuracy and authenticity of this document Chandigarh

CRM-M-15254-2021 - 2 - submissions made by learned counsel for the petitioner. He has, however, not been able to controvert the factum of the petitioner not being named in the secret information or even the poultry farm being in his name. He has, however, further submitted that the petitioner was found present at the spot while packing the boxes in the poultry farm when the raiding party reached there.

Heard.

Having considered the submissions made by either side and keeping in view the fact that the petitioners have been behind bars admittedly since 03rd February, 2021 and charges have not yet been framed, no useful purpose would be served in keeping the petitioner behind the bars, as the trial would take a long time to conclude. The petition as such is allowed and the petitioner is admitted to bail to the satisfaction of trial Court/Duty Magistrate. However, it is made clear that anything observed herein shall not be construed to be an expression of opinion on the merits of the case.

(MANJARI NEHRU KAUL) JUDGE April 09, 2021 J.Ram Whether speaking/reasoned:

Yes/No Whether Reportable:

Yes/No JAWALA RAM 2021.04.09 17:35 I attest to the accuracy and authenticity of this document Chandigarh