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ARVIND SINGH SANGWAN J. (ORAL) –

1. Prayer in this petition is for grant of anticipatory bail to the petitioner in FIR No.103 dated 08.10.2017 registered under Sections 61/1/14 of the Punjab Excise Act at Police Station Kiratpur Sahib, District Rupnagar.

2. Counsel for the petitioner has argued that as per the allegations in the FIR, the police had recovered 40 bottles of liquor from the scooter of the petitioner. It is further submitted that the petitioner was granted regular bail, however, he being a professional driver could not appear before the Court on 14.09.2018 and his bail/surety bonds were cancelled and later on, he was declared proclaimed offender on 30.08.2019. It is also submitted that the petitioner is ready to surrender before the trial Court and face the proceedings, in accordance with law.

3. Counsel for the State could not dispute the factual position. It is also not disputed that the petitioner is not involved in any other case.

4. Counsel for the State has further argued that at the time when the petitioner absented from the Court proceedings, 03 PWs were already examined out of 09 PWs and the petitioner intentionally absented from the Court proceedings in order to delay the trial.

5. After hearing the counsel for the parties, considering the fact that the petitioner is not involved in any other case and in view of the COVID-19 situation, this petition is allowed and the petitioner is directed to appear before the trial Court within a period of 15 days from today and the trial Court will release the petitioner on interim bail subject to his furnishing fresh bail/surety bonds and on payment of costs of Rs.25,000/- to be deposited with the District Legal Services Authority, Rupnagar, on account of delaying the trial.

6. The payment of costs shall be a pre-condition before accepting the bail/surety bonds of the petitioner.

Petition allowed.

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