PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
Anoop Chitkara, J.
Inderjeet Singh @ Inderjit Singh – Appellant
Versus
State Of Punjab – Respondent
CRM-M No. 10972 of 2024
Decided on : 13-03-2024
JUDGMENT :
Anoop Chitkara, J.
FIR No. | Dated | Police Station | Sections |
0021 | 21.09.2022 | Vigilance Bureau, Ferozepur, District Ferozepur | 7 of PC (Amendment) Act, 2018 |
1. The petitioner incarcerated in the FIR captioned above has come up before this Court under Section 439 CrPC seeking bail.
2. In paragraph 20 of the bail petition, the accused declares that he has no criminal antecedents.
3. Petitioner's counsel prays for bail by imposing any stringent conditions and is also voluntarily agreeable to the condition that till the conclusion of the trial before the trial court, the petitioner shall keep only one mobile number, which is mentioned in AADHAR card, and within fifteen days of release from prison undertakes to disconnect all other mobile numbers. The petitioner contends that the further pre-trial incarceration would cause an irreversible injustice to the petitioner and family. Counsel for the petitioner submits that at the time of grant of anticipatory bail to the petitioner, he has voluntarily complied with the condition of declaration of assets and has handed over affidavit to the State, as such, there is no need for declaration of assets afresh.
4. State counsel has filed reply dated 13.03.2024 in Court and the same is taken on record. A copy thereof has been supplied to counsel for the petitioner. State counsel by making reference to reply opposes the bail.
5. Facts of the case are being extracted from reply filed by concerned DySP which reads as follows:-
"4. That brief facts of the case are that on 21.09.2022 complainant got recorded his statement that he is working as liquor contractor and apart from this he is also running Bar under the name and style of Akash Beer and Hard Bar at Mandi PanjeKe Uttar. He lodged complaint against petitioner with Anti-Corruptton Helpline No.9501200200. Complainant further stated that during the financial year 2021-22 contract of liquor of the area of Guruharsahai was allotted to his firm "Malwa Liquor" and period of contract was extended upto 30.06.2022. After that contract of Faridkot City Circle-2 was allotted to their another firm "Chandigarh Town" on 05.07.2022 by Excise Policy and they have to carry forward and shift the unsold stock of liquor of Guruharsahai area to Faridkot, but due to some reasons they could not shift the said stock within ttme. On 12.07.2022 complainant alongwith his accountant Sunil Kumar visited Guruharsahai then Nirmal Singh Excise Inspector met him and he directed the complainant to meet him at saw mill of Roshan Lal. When complainant and Nirmal Singh moved towards Saw Mill then another person who was accompanying said Nirmal Singh also started following them. When they reached at saw mill then Roshan Lal who is cousin of complainant was also present there. Then Person who was accompanying with Nirmal Singh introduced himself as Inderjit Singh and posted as gunman of SHO Police Stratton Guruharsahai and also informed that they have secret information that illegal liquor of Chandigarh is lying in the godown of complainant at PanjeKe Uttar and legal action can be imitated against complainant. Then complainant informed the petitioner clarified that said liquor is permitted and they have to shift the same at Faridkot. But by giving threat to the complainant, petitioner directed him to pay Rs.5 lakhs on account of bribe. Then under forcible circumstances complainant paid Rs.2 lakhs to the petitioner in presence of Sunil Kumar and Roshan Lal, and petitioner received said illegal gratification with consent of Excise Inspector Nirmal Singh. After receiving said amount of bribe, petitioner assured the complainant that now no actton will be taken against him. On same day i.e. 12.07.022 at about 4 PM SHO Police Station Guru Harsahai alongwith his team and Excise Inspector Nirmal Singh and other employees of Excise Department conducted the raid at the godown of complainant and recovered 322 boxes of the liquor and in this regard case bearing FIR No.175 dated 12.07.2022 U/s 61 Excise
The court established that bail should be granted unless there are compelling reasons to deny it, emphasizing the need for a fair trial and the protection of the accused's rights.
The court held that bail may be granted under stringent conditions to mitigate risks of influencing witnesses or fleeing justice, balancing the rights of the accused with the integrity of the trial.
The duty of the Court to find out the role of the accused, the onerous responsibility of the Courts to act judiciously with reasonableness, and the cumulative effect of the variety of circumstances j....
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