Johny v. State Of Punjab

8.

A perusal of the record shows that there are several factors which are required to be taken into consideration at this stage. Those factors are:- i. that the offence is triable by the Court of Judicial Magistrate;

ii. that the maximum punishment prescribed for the abovementioned offence is imprisonment up to three years iii. that the recovery of alleged liquor has already taken place; iv. that nothing is left to be recovered from the possession of petitioner;

v. that in order to trace out the source of supply of abovementioned liquor other methods can be adopted such as with the help of batch number the enquiries can be made from the manufacturer, and can be ascertained to whom the abovementioned liquor was supplied by the manufacturer; vi. that the petitioner has no criminal antecedents; vii.that custodial interrogation of the petitioner is not likely to produce a fruitful result;

viii. that there is nothing on record to show that while on anticipatory bail, the petitioner is likely to tamper with the evidence or influence the witnesses; and ix. that there is nothing on record to show that while on anticipatory bail, the petitioner will not participate/cooperate in the investigation.

9.

Taking into consideration the cumulative effect of all the abovementioned factors, it is hereby held that the petitioner is entitled for anticipatory bail.

10.

In view of the abovementioned discussion, it is hereby held that the present petition deserves to be allowed. Hence, the same is hereby allowed, and the petitioner is accorded the benefit of anticipatory bail. It is hereby directed that in the event of his arrest, the petitioner shall be released on bail on furnishing bonds to the satisfaction of arresting officer. The petitioner shall join the investigation as and when called by the Investigating Officer. He shall also abide by the conditions as specified under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.