Punjab-Haryana High Court
Lovekesh Kumar Alias Labba vs State Of Punjab on 28 August, 2012
Author: Paramjeet Singh
Bench: Paramjeet Singh
Crl. Misc. No.M-26086 of 2012 (O&M) -: 1 :-
IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA
AT CHANDIGARH
Crl. Misc. No.M-26086 of 2012 (O&M)
Date of decision: August 28, 2012.
Lovekesh Kumar alias Labba
... Petitioner(s)
v.
State of Punjab
... Respondent(s)
CORAM: HON'BLE MR. JUSTICE PARAMJEET SINGH
Present: Shri L.S. Goraya, Advocate, for the petitioner.
Paramjeet Singh, J. (Oral):
The present petition has been filed under Section 438 Cr.P.C. for grant of pre-arrest bail to the petitioner in case arising out of FIR No. 45 dated 15.7.2012, registered at Police Station Dorengla, Tehsil and District Gurdaspur, under Sections 61/1/14 of the Excise Act.
Learned Counsel for the petitioner contends that FIR Nos.45 and 47 are based on the identical facts, of the same very place and the same very story has been repeated. He submits that no recovery was effected and rather, the case of the police is that the petitioner left the scooter at the spot and ran away leaving behind 60,000 ml of liquor.
Keeping in view the huge quantity of liquor involved in the case and a number of FIRs are being registered against the petitioner, this Court is not inclined to grant anticipatory bail because in such cases custodial interrogation is necessary.
Another contention of learned Counsel for the petitioner is that in both the cases Bajaj Chetak scooter has been used on which the alleged Crl. Misc. No.M-26086 of 2012 (O&M) -: 2 :- tubes had been loaded. However, learned Counsel for the petitioner failed to point out whether registration number of both the scooters was the same in both the cases. There is every possibility that the family of the petitioner may be having a number of Bajaj Chetak scooters. Most material fact discernible from the FIR is that he is using the vehicle without number. In such situation, contention of the petitioner cannot be accepted.
No ground for the grant of anticipatory bail is made out. Dismissed.
[ Paramjeet Singh ] August 28, 2012. Judge kadyan