IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM No. M- 26199 OF 2010 Date of decision : 07.10.2010 Harvinder Singh ….. Petitioner Versus State of Haryana …… Respondent Present : Mr. Harinder Sharma, Advocate for the petitioner. Mr. K.C. Gupta, Sr. DAG, Haryana. **** S.S. SARON, J. Heard counsel for the parties. The petitioner seeks regular bail in a case registered against him on 14.5.2009 for the offences under Sections 420, 467, 471 and 120-B IPC at Police Station Sector-20, Panchkula. A special informer informed Sub Inspector Lakhmi, Detective Staff that Manjit Singh, driver and Gajraj, cleaner of the truck bearing No.HR-38 G-8406 were coming from Chandigarh and going towards Udaipur in Rajasthan State. The said truck was loaded with boxes of whisky which were covered with scrap and empty boxes. Accordingly, a check post was set up and the truck when it came, was signalled to stop. The driver and cleaner were taken in custody. The driver disclosed his name as Manjit Singh, while the cleaner disclosed his name as Gajraj. On search of truck, 25 bags of scrap were found and under it there were 212 boxes of whisky bearing mark Derby Special, 100 boxes of Aristocrat whisky, 40 boxes of Green Label, 15 boxes of Aristocrat Premium, 15 boxes of McDowell, 8 boxes of Royal Stag. A total of 390 boxes of CRM No. M- 26199 OF 2010 [2] whisky were recovered. Ownership of these could not proved. It was informed that the truck owner Mangal Singh Chadha had taken empty truck from them and got the whisky loaded and only they could tell about this. The recovered contraband was taken in possession and the accused were apprehended. During investigation, they named petitioner also as one of the accused and he was arrested on 6.8.2010 and since then is in custody. The petitioner was not apprehended at the spot and he has been named as an accused on the disclosure statement of the other accused. The statement of the co-accused is not a substantial piece of evidence. Manjit Singh who is the driver of the truck has been granted regular bail vide order dated 22.6.2009 (Annexure P1) passed by the learned Sessions Judge, Panchkula. The petitioner has joined the investigation and his custody is not required for the purposes of investigation. The prosecution is to prove and establish its case against the petitioner. Learned State counsel submits that the petitioner is involved in the smuggling of liquor from Chandigarh to Gujarat and Rajasthan. It is submitted that the name of the driver of the truck as has been given is Manjit Singh. However, his actual name is Malkiat Singh and he has jumped bail. Warrants of his arrest could not be executed due to wrong address and identification given by him. Therefore, it is submitted that the bail application of the petitioner may be declined. In my view in case the co-accused has jumped bail, the same in the facts and circumstances would not be a ground for declining bail to the petitioner especially when the involvement of the petitioner is to be established and his incarceration is not necessary. The apprehension CRM No. M- 26199 OF 2010 [3] of the learned State counsel can be safeguarded by imposing stringent conditions on the petitioner. Accordingly, the Crl. Misc. petition is allowed and the petitioner on his furnishing personal bond and two sureties to the satisfaction of the learned Chief Judicial Magistrate, Panchkula shall be admitted to bail. The petitioner shall also furnish complete particulars and address before the Court of learned Chief Judicial Magistrate, Panchkula and also to the public prosecutor at Panchkula mentioning his complete particulars and address along with his mobile number where he can be contacted. (S.S. SARON) JUDGE October 7, 2010 amit