High CourtsSingle Bench

Sahib Singh vs State of Punjab

Punjab And Haryana At Chandigarh · Decided on 9 October 2018 · Citation: (2018) 10 P&H CK 0100

HON’BLE JUDGES
Surinder Gupta, J
ACTS & SECTIONS REFERRED
Code of Criminal Procedure, 1973 — Section 439, 437(3) · Punjab Excise Act, 1914 — Section 61 · Indian Penal Code, 1860 — Section 420
RESULT
Allowed
CASE NUMBER
Criminal Miscellaneous (M) No.40363 of 2018
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Judgment

16 paragraphs · 269 words

The present petition has been filed under Section 439 Code of Criminal Procedure for grant of regular bail to the petitioner in case FIR No.180 dated

07.08.2018 registered for offences punishable under Sections 61 of The Punjab Excise Act, 1914 and 420 of Indian Penal Code, at Police Station Civil

Lines Batala, District Batala.

Heard.

As per case of prosecution, 18000 bottles of country made liquor manufactured in February, 2018 were recovered from the vehicle bearing

registration no. PB-05J-3529, which was being driven by the petitioner.

The petitioner was arrested on 07.08.2018. The investigation is in progress. The recovery of liquor has already been effected, as such, no purpose will

be served by keeping the petitioner in custody.

In view of above but without expressing any opinion on merits of the case and keeping in view the fact that conclusion of trial will take considerably

long time, the present petition is allowed. Petitioner-Sahib Singh is ordered to be released on regular bail on furnishing bail bond and surety bond to the

satisfaction of concerned trial Court/Chief Judicial Magistrate/Duty Magistrate, subject to following terms:-

(a) The petitioner shall comply with the conditions mentioned in Section 437(3) Cr.P.C.

(b) In the event of his absence on any date of hearing, the benefit of bail allowed to the petitioner shall stand withdrawn. The trial Court shall be

competent to cancel his bail bond and surety bond and proceed to procure his presence in accordance with law. In that eventuality the petitioner shall

have to apply for bail afresh.

(c) He shall not leave the country without the previous permission of the Court.