Dismissed

Onkar Singh @ Kari v. State of Punjab

Punjab & Haryana HC16 Jan 2012CRM-M/1454/2012

Case brief

AI extract

What is this about?

In a crichel matter, Justice Ram Chand Gupta dismissed the petition for anticipatory bail under Section 438 Cr.P.C. held that serious allegations with huge recovery made the case unsuitable for extraordinary relief, and custodial interrogation was necessary.

What did the court decide?

Petition for anticipatory bail dismissed as being devoid of merit; custodial interrogation deemed necessary.

Onkar Singh @ Kari Vs State of Punjab — Bail and Remand | Punjab & Haryana HC (2012)

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Crl.M.No.M-1454 of 2012(O&M)

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH.

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Crl.M.No.M-1454 of 2012(O&M) Date of Decision: January 16, 2012

Onkar Singh

.....Petitioner

State of Punjab

.....Respondent

CORAM: HON'BLE MR.JUSTICE RAM CHAND GUPTA

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Present: Mr.Prateek Pandit, Advocate for the petitioner.

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.....

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RAM CHAND GUPTA, J.(Oral)

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Crl.M.No.2933 of 2012

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Application is allowed subject to all just exceptions.

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Crl.M.No.M-1454 of 2012

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The present petition filed under Section 438 Cr.P.C. is for grant of anticipatory bail to the petitioner in case FIR No.71, dated 16.12.2011, under Sections 406, 420, 379, 34 IPC and under Sections 61 and 63 of Punjab Excise Act (added later), registered at Police Station Kotwali, Kapurthala, District Kapurthala.

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I have heard learned counsel for the petitioner and have gone through the whole record carefully, including the impugned order dated 2.1.2012 passed by learned Additional Sessions Judge, Kapurthala, vide which application filed on behalf of the present petitioner for anticipatory bail was dismissed.

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Brief allegations against petitioner-accused are that there was a secret information with the police that petitioner being member Panchayat alongwith his brothers and nephews was indulging in the business of manufacturing illicit country liquor, which used to be prepared from spirit. There was information that two tankers bearing No.UP-15Y-9537 and UP15 -AT-0352 are lying parked in his house and that with the help of drivers of these tankers, they were stealing the spirit loaded in the tankers and

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Crl.M.No.M-1454 of 2012(O&M)

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filling the same in plastic cans. Both the tankers were found lying parked near the house of petitioner-accused. Though petitioner managed to escape, however, six cans containing spirit were recovered from the said trucks.

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It has been contended by learned counsel for the petitioner that he has been falsely implicated in this case due to rivalry between various Panches and Sarpanches of the Panchayat.

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However, even as per version of the petitioner, some Panches were belonging to one political party and others belonging to other political party and that there was rivalry between them, however, on the complaint, they were all suspended. Hence, at this stage, it cannot be said that action on the part of the police against present petitioner is a mala fide one.

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Allegations against petitioner-accused are very serious in nature. There is huge recovery of spirit which was being used by petitioner for preparing illicit country liquor, as per the allegations. Hence, it is not such a case in which extraordinary relief of anticipatory bail should be granted to the petitioner-accused. Custodial interrogation of the petitioneraccused is necessary.

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Hence, in view of these facts, and without expressing any opinion on the merits of the case, the present petition filed by petitionerOnkar Singh @ Kari for grant of anticipatory bail is, hereby, dismissed being devoid of any merit.

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(Ram Chand Gupta) Judge

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16.1.2012 meenu

Onkar Singh @ Kari v. State of Punjab

Case brief

What is this about?

What did the court decide?

Onkar Singh @ Kari v. State of Punjab

Case brief

What is this about?

What did the court decide?

What the court decided

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