The main legal point established in the judgment is the grant of anticipatory bail under Section 438 of the Code of Criminal Procedure based on compliance with the investigation and the status of the alleged recovery in the case.

Headnote:
Anticipatory Bail - Punjab Excise Act, 1914 - The court granted anticipatory bail to the petitioner under Section 438 of the Code of Criminal Procedure based on the petitioner's compliance with the investigation and the fact that the alleged recovery had already been effected in the case.
Fact of the Case:

The petitioner filed a petition for anticipatory bail under Section 438 of the Code of Criminal Procedure in relation to a case registered under Section 61/1/14 of Punjab Excise Act, 1914.
Finding of the Court:

The court found that the petitioner had joined the investigation in compliance with the previous order and that the alleged recovery had already been effected. Consequently, the court allowed the petition and made the interim bail absolute.
Issues: Grant of anticipatory bail under Section 438 of the Code of Criminal Procedure in relation to a case registered under the Punjab Excise Act, 1914.
Ratio Decidendi: The court's decision was influenced by the petitioner's compliance with the investigation and the fact that the alleged recovery had already been made in the case.
Final Decision: The court allowed the petition for anticipatory bail and made the interim bail absolute, subject to the conditions under Section 438(2) of the Code of Criminal Procedure.

JUDGMENT

Karamjit Singh, J. - Case has been heard through video conferencing on account of COVID-19 Pandemic.

2. The present petition has been filed under Section 438 of code of Criminal Procedure for grant of anticipatory bail to the petitioners in case FIR No.174 dated 1.9.2021 registered under Section 61/1/14 of Punjab Excise Act, 1914 at Police Station Bhawanigarh, District Sangrur.

3. Counsel for the petitioner submitted that the petitioner has joined the investigation with the police in compliance of the previous order dated 30.9.2021 passed by this Court.

4. Counsel for the State on instructions from ASI Sukhpal Singh has admitted this fact and he further stated that the petitioner is not required by the police for any further investigation.

5. In view of the above and specifically in light of the fact that the alleged recovery has already been effected in this case, the present petition is allowed and order of interim bail dated 30.9.2021 is hereby made absolute subject to the conditions as envisaged under Section 438(2) Cr.P.C.

Click Here to Read the rest of this document