Bhola Singh v. State Of Punjab

-1CRM-M-33426 of 2020 206IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-33426 of 2020 Date of decision: 12.01.2021 Bhola Singh ......Petitioner vs.

State of Punjab ......Respondent CORAM: HON'BLE MR. JUSTICE DEEPAK SIBAL

Present:

Mr. Amandeep Chhabra, Advocate, for the petitioner. Mr. Amit Mehta, Sr. DAG, Punjab.

DEEPAK SIBAL, J. (ORAL) Case taken up through video conferencing.

Through the present petition filed under Section 438 Cr.P.C. the petitioner seeks the grant of anticipatory bail in FIR No.159 dated 21.08.2020 registered under Section 61 of the Excise Act, 1914 at Police Station Nathana, District Bathinda.

Briefly stated, the case of the prosecution is that the police received a secret information that Jaskirat Singh @ Karni is in the habit of making illicit liquor and if a raid is conducted at his motor room recovery of such liquor can be made. Acting on such information a police party went to conduct raid at Jaskirat Singh's motor room and on seeing the police party the petitioner ran away. The police party continued with the raid as a result whereof 150 litres of lahan was recovered. Learned counsel for the petitioner submitted that the petitioner has been falsely implicated in the case; the story of the prosecution is RAVINDER SINGH 2021.01.13 13:28 I attest to the accuracy and integrity of this document Chandigarh

-2CRM-M-33426 of 2020 apparently false as it is highly improbable that the petitioner would be able to run away from the approaching police party without getting caught; there is no other criminal case against the petitioner and that under the interim orders passed by this Court the petitioner has not only joined the investigation but has also fully co-operated with the investigating agency.

Learned State counsel submits that under the interim orders passed by this Court the petitioner has joined the investigation; he has cooperated with the investigating agency and that his custodial interrogation is not required.

After considering the totality of the above facts especially the statement made by the learned State counsel that the petitioner has joined the investigation and his custodial interrogation is not required, the order of this Court dated 26.10.2020 granting ad-interim anticipatory bail to the petitioner is made absolute.

Nothing observed herein-above shall be considered to be an expression of opinion by this Court on the merits of the case. (Deepak Sibal) January 12, 2021 Judge R.S.

Whether speaking/reasoned Yes/No Whether Reportable Yes/No RAVINDER SINGH 2021.01.13 13:28 I attest to the accuracy and integrity of this document Chandigarh