High Court of Punjab and HaryanaCRM-M/38726/2018allowed

Baldev Raj @ Raji v. State Of Punjab

2018-09-11Mr. Justice Amol Rattan Singh2 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M-38726-2018 Date of Decision:-11.9.2018 Baldev Raj @ Raji ... Petitioner

Versus

State of Punjab ... Respondent

CORAM:

HON'BLE MR. JUSTICE GURVINDER SINGH GILL Present:- Mr. Naveen Sharma, Advocate for the petitioner. Ms. Simranjeet Kaur, AAG, Punjab.

***** GURVINDER SINGH GILL, J . (Oral) Petitioner Baldev Raj @ Raji has filed this petition seeking grant of regular bail in respect of a case registered against him vide FIR No.323 dated 31.7.2018 under Sections 61/1/14 of Excise Act, 1914 at Police Station Salem Tabri, District Ludhiana. It is the case of prosecution that pursuant to receipt of secret information, the police party conducted a raid in the plot adjoining the house of co-accused Kimti Lal, who was apprehended at the spot while the petitioner is stated to have fled away from there. 215 bottles of countrymade liquor were recovered for which Kimti Lal could not produce any permit or licence justifying his possession of the same. The present petitioner was subsequently arrested on 14.8.2018.

The learned counsel for the petitioner has submitted that he has falsely been implicated in the present case and that he was not even arrested at the spot and that in these circumstances, he deserves the concession of bail. On the other hand, the learned State counsel has submitted that Kamal Kumar 2018.09.

CRM-M-38726-2018 the petitioner is a habitual offender and does not deserve to be released on bail.

Having considered the rival submissions and bearing in mind the nature of allegations and also the fact that the petitioner was not arrested at the spot, the petition is hereby accepted and the petitioner Baldev Raj @ Raji is ordered to be released on bail subject to his furnishing bail bonds/surety bonds to the satisfaction of learned trial Court/Chief Judicial Magistrate/Duty Magistrate concerned.

11.9.2018 (Gurvinder Singh Gill) kamal Judge Whether speaking /reasoned Yes / No Whether Reportable Yes / No Kamal Kumar 2018.09.11 19:37 I attest to the accuracy and integrity of this document