SHER SINGH AND ANOTHER Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The present petition has been filed under Section 438 Cr.P.C for grant of anticipatory bail to the petitioners namely Sher Singh and Joginder Singh in case FIR No.114 dated 21.07.2012 under Sections 61/1/14 of the Punjab Excise Act, 1914 registered at Police Station Sadar Jalalabad, District Fazilka.

(2.) Learned counsel for the petitioners submits that the FIR, in question, was registered on the basis of secret information and the petitioners have falsely been implicated in the case and no material witness was joined. The petitioners were not apprehended at the spot and ran away.

(3.) Learned State counsel has brought to the notice of this Court that there were total 07 FIRs registered against petitioner No.1-Sher Singh and out of these seven, 02 are pending and in 02 cases, he has been convicted and sentenced and in 02 cases, he has been acquitted. The petitioner is a habital offender and the factum of many cases registered against him have not been mentioned. The concession of anticipatory bail cannot be granted to a habitual offender who is convicted in two cases.