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(2020) Law Today Live Doc. Id. 15599 = 2020 L.A.R. (e-Suppl.) 1875
Decided on: 03.11.2020
Present:
Mr. Aakash Singla, Advocate for the petitioner.
Mr. Harbir Sandhu, AAG, Punjab.
Punjab Excise Act, 1914 (Punjab Act 1 of 1914), Sections 61, 78(2) -- Code of Criminal Procedure, 1973 (2 of 1974), Section 439 -- 90 boxes of country made liquor/total 1080 bottles for sale in Haryana only, were recovered from boot of white coloured Duster which was driven by co-accused and the petitioner was sitting on the conductor seat -- Petitioner in judicial custody since 07.09.2020 -- Investigation of the case is complete and the final report stands filed -- Considering the above background, custody of the petitioner and the fact that the offences are triable by Magistrate, Court found that the petitioner deserves the concession of regular bail -- Outbreak of pandemic COVID-19 in the region may further delay the conclusion of trial -- Petitioner ordered to be released on regular bail.
(Para 2-6)
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MANOJ BAJAJ, J. (ORAL) –
1. Petitioner has filed this petition under Section 439 Cr.P.C for grant of regular bail, pending trial in case FIR No.183 dated 07.09.2020 registered under Sections 61 and 78(2) of the Punjab Excise Act, 1914 at Police Station Sadar Patiala, District Patiala. The petitioner is in custody since his arrest on 07.09.2020.
2. As per the prosecution case, 90 boxes of country made liquor (each box containing 12 bottles-total 1080 bottles), make Heer Sofian for sale in Haryana only, were recovered from boot of white coloured Duster bearing registration No.PB-03-AF-6532, which was driven by co-accused Krishan Kumar and the petitioner (Jageet Singh) was sitting on the conductor seat.
3. Learned counsel for the petitioner contends that the investigation of the case is complete and, therefore, the further custody of the petitioner may not be necessary as the trial is likely to consume considerable time. He prays for bail.
4. On the other hand, learned State counsel assisted by ASI Sarabjit Singh, has opposed the prayer, however, does not dispute this fact that the investigation of the case is complete and the final report stands filed.
5. Considering the above background, custody of the petitioner and the fact that the offences are triable by Magistrate, this Court finds that the petitioner deserves the concession of regular bail. This Court is cognizant of the fact that the outbreak of pandemic COVID-19 in the region may further delay the conclusion of trial. Admittedly, the petitioner is presently confined in judicial custody since 07.09.2020, therefore, his further detention may not be necessary for any useful purpose.
6. Resultantly, without meaning any expression of opinion on the merits of the case, it is ordered that the petitioner be released on regular bail in the above case, subject to his furnishing requisite bail bonds/surety bonds to the satisfaction of the trial Court/Duty Magistrate Patiala.
7. The petition is allowed.
Petition allowed.
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