Krishan Kumar Alias Jassi. vs State Of Punjab.

Hari Pal Verma, J

The matter has been taken up for hearing through video conferencing due to outbreak of COVID-19.

The petitioner has filed this petition under Section 439 Cr.P.C. for grant of regular bail in FIR No.180 dated 18.12.2020 under Sections 420, 465, 467,

468, 471 and 120-B IPC and Section 61 of the Punjab Excise Act, 1914 registered at Police Station Shambu, District Patiala.

The aforesaid FIR was registered against the petitioner on the allegations that he along with other co-accused are preparing spurious wine in the area

of Shambu and Patiala and are pasted their own fake logo on bottles and poured the said spurious wine in empty bottles and sell them under the guise

of real wine. During the Nakabandi laid down by the police party, a car bearing registration No.PB-39J-1476 make Breeza was seen coming and on

signal, the same was stopped which was being driven by the present petitioner. On search of the dickey of the car, one Can plastic containing spurious

liquor measuring 14 bottles, 14 empty bottles without any marka, one bottle of gum paste and one transparent plastic pipe about 3 feet were recovered.

Learned counsel for the petitioner has submitted that the petitioner is in custody since 18.12.2020. The recovery of 14 bottles of liquor along with the

car has already been effected. Though there are two other cases against the petitioner, but he is on bail in those cases. The trial is not likely to be

concluded in near future.

Learned State counsel does not dispute the custody and status of two other case against the petitioner.

I have heard learned counsel for the parties.

Considering the fact that the petitioner is in custody since 18.12.2020 and the recovery of liquor and the car has already been effected from him and

the trial is not likely to be concluded in near future, this Court finds that the petitioner deserves to be admitted on bail.

Accordingly, the present petition is allowed and the petitioner is ordered to be released on bail on his furnishing adequate bail and surety bonds to the

satisfaction of learned trial Court.

It is made clear that in case the petitioner is found involved in any other case of similar nature, the prosecution shall be at liberty to seek cancellation

of his bail in this case.

The observations made hereinabove shall not be construed as an expression of opinion on the merits of the case and the trial Court shall decide the

case without being influenced with these observations in any manner.