Swaran Singh v. State Of Punjab

In The High Court for the States of Punjab and Haryana At Chandigarh Date of Decision:- 28.4.2022 Swaran Singh .... Petitioner

Versus

State of Punjab ... Respondent

CORAM:

HON'BLE MR. JUSTICE GURVINDER SINGH GILL Present:- Mr. C.S.Jattana, Advocate, for the petitioner. Mr. Tanvir Joshi, AAG, Punjab, assisted by ASI Jarnail 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. 193, dated 3.12.2021, Police Station Sardulgarh, District Mansa, under Section 61/1/14 of Punjab Excise Act.

2.

At the time of issuance of notice of motion the following order was passed on 23.12.2021:

"The petitioner has approached this Court seeking grant of anticipatory bail in a case registered vide FIR No.193, dated 3.12.2021, Police Station Sardulgarh, District Mansa, under Section 61/1/14 of Punjab Excise Act.

The case of the prosecution is that a secret information was received by the police to the effect that the petitioner distills illicit liquor at his home. Pursuant to receipt of said

- 2 - information a raid was conducted at the house of the petitioner. Although, the petitioner was not found at his house, but the police was able to recover 100 liters of lahan. Learned counsel submits that he has falsely been implicated in the instant case and that he was never present at the spot and cannot be attributed conscious possession of the recovered lahan.

Notice of motion for 28.4.2022.

Meanwhile, in the event of arrest, the petitioner be released on interim 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 the Arresting/Investigating Officer and shall abide by the conditions as provided under Section 438 (2) Cr.P.C."

3.

Learned State counsel, upon instructions from ASI Jarnail Singh has informed that pursuant to interim directions issued on 23.12.2021, the petitioner has since joined investigation and is not required for custodial interrogation. It has however, been submitted that the petitioner is not involved in any other case. 4.

Having regard to the facts and circumstances of the case and while noticing that the petitioner has already joined investigation and otherwise is having a clean record, the petition is accepted and interim directions issued by this Court vide order dated 23.12.2021 are hereby made absolute subject to the condition that the petitioner shall join investigation as and when called upon to do so and

- 3 - cooperate with the Investigating Officer and shall also abide by the conditions as provided under Section 438 (2) Cr.P.C. 28.4.2022 (GURVINDER SINGH GILL) Mohan JUDGE Whether speaking /reasoned Yes / No Whether Reportable Yes / No