Jaspal Singh Alias Goldy v. State Of Punjab

In The High Court for the States of Punjab and Haryana At Chandigarh Date of Decision:- 29.8.2022 Jaspal Singh @ Goldy .... Petitioner

Versus

State of Punjab ... Respondent

CORAM:

HON'BLE MR. JUSTICE GURVINDER SINGH GILL Present:- Mr. Ashish Aggarwal, Advocate, for the petitioner. Mr. Joginder Pal Ratra, Sr. DAG, Punjab, assisted by ASI Baldev 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.76, dated 25.5.2022, Police Station Jhabal, District Tarn Taran, under Sections 61, 63 of Punjab Excise Act, 1914. 2.

The FIR was lodged on the basis of a secret information to the effect that Ravail Singh along with his son Jaspal Singh (petitioner) indulged in distilling illicit liquor and used to sell the same from their house. The information was further to the effect that they were in possession of huge quantity of alcohol from which illicit liquor was

- 2 - being prepared and that from each one liter of alcohol, they used to prepare 10 bottles of illicit liquor.

3.

It is further the case of prosecution that pursuant to receipt of said information a raid was conducted at the house of Ravail Singh from where Ravail Singh was arrested and 500 liters of alcohol was recovered. The petitioner is however, stated to have escaped from the spot.

4.

Learned counsel for the petitioner submits that he has falsely been implicated in the present case and has a clean record. It has further been submitted that in fact even the petitioner's father is not involved in any other case.

5.

Opposing the petition, learned State counsel has submitted that since the petitioner is specifically named in the FIR and that huge quantity of alcohol was recovered pursuant to a raid having been conducted at the house of the petitioner, the allegations stand fully substantiated and no case for grant of bail is made out. Learned State counsel has however, informed that the petitioner is otherwise not involved in any other case and has a clean record.

6.

I have considered rival submissions addressed before this Court. 7.

Having regard to the fact that the petitioner was never arrested at the spot and otherwise has a clean record, the petition is accepted and in the event of arrest, the petitioner be released on bail subject to his furnishing personal bonds and surety bonds to the satisfaction of Arresting/Investigating Officer. However, the petitioner shall join the investigation as and when called upon to do so and cooperate with

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

29.8.2022 (GURVINDER SINGH GILL) Mohan JUDGE Whether speaking /reasoned Yes / No Whether Reportable Yes / No