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Judgment
17 paragraphs · 282 wordsAvneesh Jhingan, J
The matter is taken up for hearing through video conference due to COVID-19 situation.
This petition is for anticipatory bail in FIR No. 238, dated 11th December, 2020 under Section 61, 78(2) of Punjab Excise Act, 1914, registered at
Police Station Bareta, District Mansa.
As per the allegations in the FIR, on 11th December, 2020 police party found a Verna Car bearing registration No. HR-51-AL-1934 parked on the
kacha passage of the drain bridge. Boot (dighi) of the car was opened and 25 boxes of liquor marka Shehnai were recovered. During investigation
Jagsir Singh and Khushpreet Singh were arrested. The car was owned by Khushpreet Singh. The name of the petitioner surfaced in the disclosure
statement of Khushpreet Singh.
Mr. J.K. Singla, learned counsel appearing for the petitioner submits that the petitioner has been falsely implicated. He is neither the owner of the car
nor he was present at the spot. The disclosure statement of the co-accused naming the petitioner has no evidentiary value.
Mr. Amit Mehta, Sr. DAG, Punjab opposes the prayer for anticipatory bail.
Considering the facts in entirety and moreso, that neither the car is owned by the petitioner nor he was present at the spot and also the fact that no
recovery is to be made.
Petitioner is granted anticipatory bail subject to his joining investigation within a week. In the event of arrest, the petitioner shall be released on bail
subject to his furnishing adequate bail bonds to the satisfaction of Arresting/Investigating Officer. He is directed to join investigation as and when
called upon to do so and shall abide by the conditions as envisaged under Section 438(2) Cr.P.C.
The present petition is allowed.