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High Court of Punjab and HaryanaCRM-M/45657/2017dismissed

Makhan Singh v. State Of Punjab

2017-12-01Mrs Justice Daya Chaudhary2 pages

CRM-M-45657-2017 -1IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CRM-M-45657-2017 Date of decision: 01.12.2017 Makhan Singh ..... Petitioner

Versus

State of Punjab ..... Respondent

CORAM:

HON'BLE MR. JUSTICE RAMENDRA JAIN PRESENT: Mr. JS Moudgill, Advocate for the petitioner. RAMENDRA JAIN, J. (ORAL) 1.

Prayer in the instant petition filed under Section 438 Cr.P.C. is for grant of anticipatory bail in case FIR No. 104 dated 08.11.2017 registered under Sections 279, 337 and 427 IPC ant Section 61 of the Punjab Excise Act at Police Station Sadar, Sunam, District Sangrur. 2.

According to the prosecution, around 2.00 P.M. on 08.11.2017, the petitioner, while driving a car at a very high speed in a rash and negligent manner, initially, hit a corner of the house of Surinder Singh, on account of which his car rotated and then struck against complainant-Bhan Singh and thereafter, hit a electricity meter box. When the car stopped, it was found containing 9 boxes of country made liquor of Haryana. 3.

Learned counsel inter alia contends that the petitioner was not apprehended at the spot. He has been falsely implicated in the instant case. Nothing has to be recovered from him.

4.

The above allegations against the petitioner which are serious Rishu Kataria 2017.12.02 13:45 I attest to the accuracy and authenticity of this document

CRM-M-45657-2017 -2in nature dis-entitles him for grant of anticipatory bail, because the source of country made liquor and where it was to be delivered/sold has to be interrogated from the petitioner for which his custodial interrogation is necessary.

5.

Dismissed.

December 01, 2017 ( RAMENDRA JAIN ) rishu JUDGE Whether speaking/reasoned Yes/No Whether Reportable Yes/No Rishu Kataria 2017.12.02 13:45 I attest to the accuracy and authenticity of this document