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H. S. MADAAN, J. (ORAL) –

1. Case taken up through video conferencing.

2. This petition for pre-arrest bail under Section 438 Cr.P.C., has been filed by petitioner – Joginder Singh, aged about 48 years son of Gaga Singh, r/o village Kothi (Chuharwal), District Kapurthala, being accused in case FIR No. 15 dated 17.1.2021 for offence under Section 61 of the Punjab Excise Act, 1914, registered at Police Station Kotwali, Kapurthala, District Kapurthala.

3. In nutshell, the facts of the case as per the prosecution story are that on 17.1.2021, a Police Party lead by ASI Baldev Singh, while being present near Nau Gaza Peer, in the area of Police Station Kotwali, Kapurthala, received a secret information that Surjit Singh alongwith his brother Joginder Singh - present petitioner, were indulging in sale of illicit liquor after distilling the same near Bein towards eastern side of Villa Kothi and if a raid was conducted, they could be apprehended alongwith illicit liquor/lahan. Accordingly, a raid was conducted on the disclosed place and Surjit Singh was apprehended at the spot, whereas, petitioner accused Joginder Singh managed to run away. One tank of 500 litre of lahan was recovered from the spot. Formal FIR had already been recorded on the basis of secret information, which was found to be credible. The investigation in the case started.

4. Apprehending his arrest in this case, petitioner -accused Joginder Singh had approached the Court of Sessions at Kapurthala, craving for grant of pre-arrest bail by moving an application there. However, he was unsuccessful there, as such he has knocked at the door of this Court, praying for grant of similar relief, by way of filing the present petition, which request is being opposed by learned State counsel.

5. I have heard, learned counsel for the petitioner, learned State counsel, besides going through the record.

6. Pre-arrest bail is a discretionary equitable relief, which is not to be granted in routine, but in exceptional circumstances. This relief is to be granted to the persons who may be involved in false criminal cases on account of political or such like reasons, to save them from harassment and any inconvenience and it is not to act as a shield for the criminals to provide protective cover to them from arrest and interrogation by the police.

7. The petitioner is specifically named in the FIR and as per the prosecution story, when the raid was conducted of the spot by the Police Party, he had ran away from the spot, whereas his brother and co-accused Surjit Singh was apprehended. 500 litre of lahan was also recovered. Thus it points out that the petitioner alongwith his brother was indulging in illicit distillation liquor causing bootlegging, which has posed a serious social problem, especially in the State of Punjab. Not only this, it deprives the State government of the excise payable on the licit liquor but it plays with the health of the people also. Several persons have lost their lives and many have been rendered cripple on account of consumption of hooch/illicit liquor. The petitioner comes out to be a habitual offender, in as much as, in the written reply filed by the State, he is shown to be involved in 9 criminal cases, as per details below:-

8. He having been convicted in 6 cases under the Punjab Excise Act, 1914 and 2 of such cases against him being investigated, grant of pre-arrest bail to him would only encourage him to indulge in such illegal bootlegging further endangering the lives of several innocent persons.

9. Furthermore, as per the prosecution story, on spotting the Police Party, he had run away from the spot. If the petitioner had not done anything wrong, there was no reason for him to run away.

10. Furthermore, if such type of absconder is granted pre-arrest bail, that would amount to putting premium on his wrongful acts.

11. Thus the petition is doomed for failure and is dismissed accordingly.

12. However, nothing discussed above shall have any bearing on the merits of the case.

Petition dismissed.

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