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2018 Supreme(P&H) 4172
IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH
Inderjit Singh, J.
Jaggi Singh - Appellant
Versus
State Of Punjab - Respondent
Criminal Miscellaneous (M) No. 38894 of 2018
Decided On : 01-11-2018
Rajvir Singh, Adv., Pawan Sharda, Adv.
Grant of anticipatory bail under Section 438 of the Code of Criminal Procedure, 1973, based on the circumstances of the case and the petitioner's involvement as per the statement suffered by another individual.
Headnote:
Anticipatory Bail - Punjab Excise Act - The court granted anticipatory bail to the petitioner under Section 438 of the Code of Criminal Procedure, 1973, considering the circumstances of the case and the fact that the petitioner had already joined the investigation and was not required for custodial interrogation.
Fact of the Case:
The petitioner filed a petition for anticipatory bail in a case registered under Section 61 of the Punjab Excise Act, 1914. The petitioner was not named in the FIR but was nominated based on a statement suffered by another individual, and recovery of liquor was stated to be effected.
Finding of the Court:
The court found merit in the petition and granted anticipatory bail to the petitioner, making the interim bail absolute. The petitioner was required to join the investigation when called upon and abide by the conditions of Section 438 (2) Cr.P.C.
Issues: The main issue was the grant of anticipatory bail to the petitioner in a case registered under the Punjab Excise Act, 1914, based on the circumstances and the petitioner's involvement as per the statement suffered by another individual.
Ratio Decidendi: The court considered the fact that the petitioner had already joined the investigation, was not required for custodial interrogation, and recovery had been effected, leading to the grant of anticipatory bail.
Final Decision: The court allowed the petition and made the interim bail absolute, granting anticipatory bail to the petitioner under Section 438 of the Code of Criminal Procedure, 1973.
JUDGMENT
Inderjit Singh, J. - Petitioner has filed this petition under Section 438 of the Code of Criminal Procedure, 1973 (for brevity, 'Cr.P.C.') for grant of anticipatory bail in case FIR No.44 dated 08.08.2018, registered at Police Station Jaurkian, District Mansa, under Section 61 of the Punjab Excise Act, 1914. Notice of motion was issued in this case. Learned State counsel has put in appearance on behalf of the respondent-State and contested this petition.
2. I have heard learned counsel for the petitioner as well as learned State counsel and gone through the record.
3. From the record, I find that FIR, in the present case, has been registered on the basis of secret information. The present petitioner is not named in the FIR. He has been nominated on the statement suffered by Karanbir Singh before whom he made the extra-judicial confession. Recovery of 36 bottles of countrymade liquor is stated to be effected.
4. In pursuance of the interim order dated 07.09.2018 passed by this Court, the petitioner has already joined the investigation. He is not required for custodial interrogation. Recovery has already been effected. Therefore, no useful purpose will be served by sending the petitioner to custody.
5. Keeping in view the facts and circumstances of the present case; without discussing the facts of the case in minute details and without expressing any opinion on the merits of the case, I find merit in this petition and the same is allowed. The order dated 07.09.2018, granting interim bail to the petitioner, is made absolute. However, the petitioner shall join the investigation as and when called upon to do so and shall abide by the conditions of Section 438 (2) Cr.P.C.
