Kuldeep Singh v. State Of Punjab

In The High Court for the States of Punjab and Haryana At Chandigarh CRM-M-42754-2022 (O&M) Date of Decision:- 17.11.2022 Kuldeep Singh ... Petitioner

Versus

State of Punjab ... Respondent

CORAM:

HON'BLE MR. JUSTICE GURVINDER SINGH GILL Present:- Mr. Lakhwinder Singh Mann, Advocate, for the petitioner.

Ms. Swati Batra, DAG, Punjab, assisted by ASI Jaswant.

***** GURVINDER SINGH GILL, J . (Oral) 1.

The petitioner has approached this Court seeking grant of regular bail in respect of a case registered against him vide FIR No. 83, dated 18.6.2022, Police Station Nakodar Sadar, District Jalandhar Rural, under Section 61/1/14 of the Punjab Excise Act. 2.

The FIR was lodged pursuant to receipt of secret information to the effect that the petitioner indulged in distilling illicit liquor. Pursuant to receipt of said information a raid was conducted at the house of the petitioner and 50 bottles of illicit liquor apart from components of still were recovered.

3.

Learned counsel for the petitioner has submitted that he has falsely been implicated in the present case and that in any case he has been MOHAN SINGH 2022.11.17 18:40 I attest to the accuracy and authenticity of this document

CRM-M-42754-2022 (O&M) - 2 - behind bars for the last about 5 months and since the prosecution evidence has not even commenced he deserves the concession of bail. 4.

Opposing the petition, learned State counsel has submitted that it is a case where the petitioner was caught red-handed at the spot and happens to be a habitual offender inasmuch as he is involved in 12 other cases, no case for grant of bail is made out. It has however been informed that the petitioner as on date has been behind bars since the last about 5 months and that none out of the cited 7 PWs has been examined till date.

5.

This Court has considered the rival submissions. 6.

Without commenting anything as regards the merits of the case but while noticing that the petitioner has been behind bars for a substantial period of 5 months and conclusion of trial is likely to consume time inasmsuch as none out of the cited 7 PWs has been examined so far. In these circumstances further detention of the petitioner will not serve any useful purpose. The petition, as such, is accepted and the petitioner is ordered to be released on bail subject to his furnishing bail bonds to the satisfaction of learned trial Court/Chief Judicial Magistrate/Duty Magistrate concerned. 17.11.2022 ( GURVINDER SINGH GILL) mohan JUDGE Whether speaking /reasoned Yes / No Whether Reportable Yes / No MOHAN SINGH 2022.11.17 18:40 I attest to the accuracy and authenticity of this document