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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
JASJIT SINGH BEDI
Prashant Kumar @ Sonu Raghav – Appellant
Versus
State Of Haryana – Respondent
JUDGMENT :
Jasjit Singh Bedi, J.
The prayer in this petition under Section 439 Cr.PC is for the grant of regular bail in case FIR No.407 dated 12.12.2003 under Sections 471, 420, 467, 468 and 120-B IPC and Section 61(l)(c) and 72-A of the Punjab Excise Act, 1914( Haryana Amendement Bill 2020), (Section 272 and 273 IPC, Section 63A and 4-20 of The Punjab Excise Act, 1914 (Haryana Amendement Bill, 2020) and Section 103 and 104 of Trade Marks Act, 199 was added later on registered at Police Station Dharuhera, District Rewari, Haryana.2. The present FIR came to be registered at the instance of Ashish Yadav, Excise Inspector which reads as under:-
Sir, it is requested to you that I Ashish Yadav Excise Inspector posted in Rewari that today along with staff in a official vehicle reached at Sabi Flyover Delhi Jiapur Road after receiving the information. That where/Sub Inspector Subchander along with Police officials in official car bearing registration No HR-36-GV-1871 were there who presented one TATA car bearing registration no. HR-47-F-3237 having TCL on the body and the back cabin is locked and Driver Pawan son of Udayram resident of Kasola District Rewari and Ajay son of Ram Singh and Ar
The court held that the petitioners were not entitled to anticipatory bail as there was a reasonable apprehension that they would commit the same offence again if released on bail.
The court may grant regular bail based on the doubtful prosecution version, absence of the accused at the spot, and the likelihood of a lengthy trial due to exceptional circumstances.
The court can grant bail when the accused is not in physical possession of the alleged illegal substance, and the investigation is complete.
A person accused of an offence under the Bihar Prohibition Act and Excise Act is entitled to bail if he is not apprehended from the spot and no recovery is made from his conscious possession.
The lack of conclusive evidence and the petitioner's lack of previous involvement in Excise Act cases were key factors in granting anticipatory bail.
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