The Supreme Court has deferred the anticipatory bail plea of Jitender, a member of the liquor mafia, who is alleged to have carried illicit activities such as procuring fake labels, and smuggling illicit liquor along with co-accused.
He was granted interim protection from arrest vide order dated 5.02.2021 by the Bench of Justice Mohan M. Shantangagoudar and Justice Vineet Saran. Notice was issued vide order dated 5.02.2021.
The petitioner’s counsel apprised the nench of Justice Vineet Saran and Justice J.K. Maheshwari that chargesheet has already been filed and thus, no custodial interrogation of Jitender is required.
The Bench asked the petitioner that you got interim protection till further orders. The Bench asked the petitioner whether he wants protection for limited period.
The High Court of Punjab and Haryana High Court, keeping in view the nature of allegations levelled against the petitioner and his criminal antecedents, dismissed the anticipatory bail plea of Jitender filed under Section 438 of CrPC.
The petitioner contended before the High Court that on account of a grudge which the police was nursing against the petitioner’s brother, who had complained against them for committing theft of liquor from a godown owned by their mother.
The petitoner further contended that the
aforementioned godown had been in the possession of the police and the Excise Department, wherein, they used to keep the case property of several cases, recovered by them.
Learned State counsel contended that since the petitioner has not been cooperating in the investigation subsequent to the orders dated 21.07.2020 and 17.09.2020 of this Court, his custodial interrogation becomes all the more imperative in the light of his criminal antecedents and for busting the liquor syndicate operating in this part of the country.
The present petition has been filed under Section 438 CrPC, for grant of anticipatory bail to the petitioner, in case FIR No. 197, dated 05.05.2020, registered under Sections 188, 380, 457, 409, 420, 467, 468,471, 12-B, 201 of IPC and Section 61 of the Punjab Excise Act, 1914(Haryana Amendment Bill, 2020), Section 7, 7-A of the Prevention ofCorruption Act, 1988 and Section 25 of the ArmsAct, 1959, registered at Police Station Kharkhoda, District Sonipat.