Punjab-Haryana High Court
Sukhvinder Singh vs State Of Haryana on 22 October, 2016
Author: A.B. Chaudhari
Bench: A.B. Chaudhari
CRM-M-29773-2016 [1]
IN THE HIGH COURT FOR THE STATES OF PUNJAB AND
HARYANA AT CHANDIGARH
(238) CRM-M-29773-2016
Date of Decision:-22.10.2016
Sukhwinder Singh ...Petitioner
V/S
State of Haryana ......Respondent
2. CRM-M-33288-2016
Mukesh Rani ...Petitioner
V/S
State of Haryana ......Respondent
CORAM: HON'BLE MR. JUSTICE A.B. CHAUDHARI
Present : Mr. Abhishek Sindhwani, Advocate,
for the petitioner in both cases.
Mr. Surender Singh, AAG Haryana.
A.B. Chaudhari, J. (Oral)
This common order will dispose of both the petitiones arising out of the same FIR.
The petitioner Mukesh Rani was accused of illegally/unauthorisedly selling the wheat meant for sell through Public Distribution System (PDS), while the petitioner Sukhwinder Singh was alleged to have carried the same. Indeed, the offence under the Essential Commodities Act,1955, is serious and non-bailable. The learned counsel for the State on instructions makes a statement that the authorisation of the godown/shop of Mukesh Rani has been cancelled by the State Government For Subsequent orders see CRM-M-33288-2016 1 of 2 ::: Downloaded on - 30-10-2016 21:40:01 ::: CRM-M-29773-2016 [2] and he opposes the plea for anticipatory bail for both the accused persons, as the offence under Essential Commodities Act, 1955 is serious offence.
Indeed, the offence under Essential Commidities Act, 1955 is serious, but then it appears to be the first offence and at any rate now, the licence/authorisation to run the Public Distribution System (PDS) shop has been cancelled. The petitioner Mukesh Rani is a woman who was running the said shop and obviously the cancellation of license, she has lost the authorisation.
In my opinion, there is no need for custody of both the petitioners and the punishment by way of cancellation of license is good enough by way of deterrence to the petitioners.
In that view of the matter, I am inclined to grant anticipatory bail to both these petitioners.
In the result, petition for bail is allowed. Both the petitioners be released on bail subject to the satisfaction of the trial Court/Illaqa Magistrate concerned, on such terms and conditions as would deem fit and proper.
Disposed of.
October 22, 2016 (A.B. CHAUDHARI) pankaj JUDGE Whether speaking/reasoned Yes/No Whether reportable Yes/No
For Subsequent orders see CRM-M-33288-2016 2 of 2 ::: Downloaded on - 30-10-2016 21:40:03 :::