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2004 DIGILAW 868 (PNJ)

Paramjit Singh v. State of Punjab

2004-08-10

SATISH KUMAR MITTAL

body2004
JUDGMENT Satish Kumar Mittal, J. - Petitioner Paramjit Singh has filed the instant petition under Section 439 Criminal Procedure Code for grant of regular bail in case FIR No. 21 dated 9.2.2004 under Sections 61/1/14 of the Excise Act, registered at Police Station City Khanna. 2. The petitioner is the attorney holder of truck No. CH-01-K-5395. He was not apprehended on the spot when 200 boxes of English liquor were recovered from the truck in question. The petitioner applied for anticipatory bail which was granted by this Court vide order dated 11.5.2004 passed in Crl. Misc. No. 14377-M of 2004, while observing as under :- "The allegation against the petitioner is of owning a truck from which 200 boxes of English liquor were recovered in respect of which excise was not paid and Jaspal Singh, who was driving the truck has been arrested. The petitioner was granted interim anticipatory bail and it is stated that he has joined the investigation. Having regard to the circumstances of the case and without expressing any final opinion on the merits of the case, the interim anticipatory bail granted to the petitioner is continued till conclusion of investigation or three months whichever is later during which the petitioner will be free to apply for regular bail to the concerned court in accordance with law. If bail is declined, the petitioner will be given two weeks time to apply for bail in this Court. In the event of arrest, petitioner will be released on bail on furnishing bail bonds to the satisfaction of the arresting officer on the conditions that the petitioner will not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any police office; he will not interfere with the prosecution evidence directly or indirectly; he will not leave the country without the previous permission of the Court; he will associate with the investigation as and when called by the police and that they will surrender the passport, if any. The petition is disposed of." 3. In pursuance of the afore-said order, the petitioner applied for regular bail before the trial Court which was dismissed vide order dated 5.6.2004, while observing as under :- "Heard on the bail application. The petition is disposed of." 3. In pursuance of the afore-said order, the petitioner applied for regular bail before the trial Court which was dismissed vide order dated 5.6.2004, while observing as under :- "Heard on the bail application. It is prayed that the accused has been falsely implicated in the present case and that he was in position to furnish the bail. The accused has also been granted interim anticipatory bail by Honble High Court and accused be now released on regular bail. I have considered the request and have also perused the allegations against the accused. A very heavy recovery of 200 boxes of English liquor is shown to have been effected from the possession of accused. Allegations against the accused are thus very serious in nature and the Court does not feel inclined to grant the indulgence of bail to the accused. The bail application of the accused is, therefore, declined. At the same time however since a period of two weeks is to be given to the accused for applying for bail before honble High Court, the accused is not arrested. The papers be now put on 19.6.2004 for further proceeding." Hence, this petition for regular bail. 4. Counsel for the petitioner contends that the owner of the liquor, namely, Harbhagwant Singh has been granted regular bail by this Court vide order dated 26.3.2004 passed in Crl. Misc. No. 14035-M of 2004, while observing as under :- "This petition has been filed under Section 439 Criminal Procedure Code for grant of regular bail to the petitioner in a case bearing FIR No. 21 dated 9.2.2004 registered under Section 61/1/14 Excise Act at Police Station City Khanna. Learned counsel for the petitioner has argued that in this case 200 boxes of liquor were found in a truck which was going from Chandigarh to Phillaur. One Paramjit Singh and the driver were in the truck. Paramjit Singh ran away from the spot and was arrested later on and a fine of Rs. 1,50,000/- was recovered as tax from him. It is being alleged that a statement was made by the petitioner that the boxes belonged to the present petitioner. He is in custody since 19.2.2004. One Paramjit Singh and the driver were in the truck. Paramjit Singh ran away from the spot and was arrested later on and a fine of Rs. 1,50,000/- was recovered as tax from him. It is being alleged that a statement was made by the petitioner that the boxes belonged to the present petitioner. He is in custody since 19.2.2004. Keeping in view the above, it is ordered that the petitioner be released on bail on his furnishing personal bond and surety bond in the like amount to the satisfaction of Chief Judicial Magistrate, Ludhiana. The petition stands disposed of." 5. Counsel for the petitioner further contends that the driver of the truck has also been granted regular bail. He submits that the petitioner was having no knowledge about the transportation of the illicit liquor in the truck in question. Actually, the petitioner gave the truck in question to Jaspal Singh for plying it on lease basis. Therefore, in these circumstances, the petitioner has been falsely implicated in this case merely on the basis that he was the owner of the truck in question. 6. After hearing the learned counsel for the parties and in view of the afore-said facts, without commenting on the merits of the case, I am of the opinion that it will be proper to grant the benefit of regular bail to the petitioner in the facts and circumstances of the case. If the petitioner surrenders before the trial Court within a period of 7 days and furnishes bail bonds to its satisfaction, he shall be released on regular bail. Allowed in the aforesaid terms. Petition allowed.