BABU RAM Vs. STATE OF HARYANA

JUDGEMENT

(1.) HEARD counsel for the parties.

(2.) BABU Ram one of the members of M/s. Raj Kumar and Co. has been arrested by the police in FIR No. 174 dated 3.7.1996 registered with police station Uklana under Section 61(1)(14) of the Excise Act read with Sections 420, 467, 468, 471/120. of the Indian Penal Code, for having carried 505 cases of liquor and two cases of liquor half without proper permit issued by the State in his favour, for carrying it to its establishment. The liquor has already been seized by the police. The accused has been arrested on 1.8.1996. The co- accused i.e. driver and Manager have already been bailed out by the Additional Sessions Judge, Hissar. Mr. Vimal Kumar, Advocate for the State has vehemently resisted the grant of bail to the accused saying that he was in possession of large quantity of liquor without any permit and was holding fake pass Nos. 272 and 273 for cheating and thus committed a grave offence and is not entitled to any concession of bail. He could not dispute the fact that the petitioner was a dealer in liquor and at the relevant time was not in possession of the valid permit for sale of liquor. Once the recovery has been effected and nothing is to be recovered from him now, therefore, he cannot be allowed to languish in the jail as a matter of punishment for he is not now required for the purposes of investigation. The other co-accused have already been admitted to bail. The fact remains that he was not present at the time the liquor was being carried by the driver but he is mainly involved in the crime for being owner of the liquor which has already been seized by the police. It is a matter of fact and law to ascertain on trial whether he has committed any offence or he can be penalized under the Excise Act. Such position of the case can be settled down by the trial court. At the moment this Court has to see whether he is entitled to bail or not. There is no purpose in keeping him in jail once the investigation is over. I feel it is a fit case where bail can be granted to the accused. Hence, he is enlarged on bail in the amount of Rs. 50,000/- with two sureties in the like amount each and personal recognition bond in the said amount, to the satisfaction of C.J.M. Hissar.