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High Court of Punjab and HaryanaCRM-M/27770/2020allowed

Jaspinder Singh @ Jassa v. State Of Punjab

2020-12-16Mr. Justice Amol Rattan Singh3 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Date of Decision: 16.12.2020 Jaspinder Singh @ Jassa

...Petitioner

Versus

State of Punjab

...Respondent

CORAM: HON'BLE MR. JUSTICE AMOL RATTAN SINGH Present:- Mr. Ritesh Pandey, Advocate, for the petitioner. Mr. Amit Mehra, Sr. DAG, Punjab.

Amol Rattan Singh, J. (Oral) All the cases listed today have been taken up for hearing by way of video conferencing because of the situation existing due to the Covid-19 pandemic.

By this petition, filed under the provisions of Section 439 of the Cr.P.C., the petitioner seeks the concession of regular bail, upon FIR no.56, dated 16.06.2020, having been registered at Police Station Ghuman Kalan, District Gurdaspur, alleging therein the commission of an offence punishable under Section 61 of the Punjab Excise Act, 1914. After the reply dated 26.10.2020 filed by the DSP, Kalanaur, District Gurdaspur, the following order had been passed on 24.11.2020:-     

               

   

 

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            2       +   "                +       #3 Pursuant to that order, the SSP, Gurdaspur, has filed an affidavit dated 12.12.2020, stating therein that as per the report obtained from the DSP, the petitioner had run away from the spot and as regards nonjoining of witnesses, nobody had agreed to join in view of some "party faction" in the village and as regards no proceedings having been taken under the provision of sub-section (8) of Section 100 of the Cr.P.C., an explanation has been called for from the investigating officer. It has also been stated that no photographs were taken of the lahan being (allegedly) recovered from the house of the petitioner.

It has next been stated in the affidavit that there are four other criminal cases registered against the petitioner, all under the same provisions, i.e. Section 61 of the Punjab Excise Act, 1914.

-3case in view, the present petition is allowed, with the petitioner ordered to be enlarged on bail, upon his furnishing adequate bail and surety bonds to the satisfaction of the learned trial Court/CJM/Duty Magistrate concerned. 16.12.2020 (AMOL RATTAN SINGH) vcgarg JUDGE Whether reasoned/speaking: Yes Whether reportable:

No