Sawroop Singh vs. State Of Haryana

Facts

Three petitions were filed under Section 439 CrPC by Manoj Kumar @ Manoj, Swaroop Singh, and Pawan Sharma seeking regular bail. They were arrested in connection with FIR No. 494 dated 27.12.2023, registered under Sections 120-B, 420, 467, 468, and 471 IPC and Section 61 of the Punjab Excise Act, 1914. The FIR stemmed from the apprehension of a container carrying 515 boxes of illicit liquor near Guwana Toll. The driver, Hanuman Godara, disclosed that the liquor was being transported from Chandigarh to Rajkot, Gujarat. Investigations revealed that Swaroop Singh owned the container, Manoj Kumar @ Manoj provided vehicles with fake registration numbers, and Pawan Sharma was allegedly a partner in M/s Akal Shaye Wine Pvt. Ltd., involved in the illicit liquor trade. The final report under Section 173 CrPC was submitted against several individuals, including the petitioners.

Held

The Court allowed the bail petitions of Manoj Kumar @ Manoj, Swaroop Singh, and Pawan Sharma. The Court acknowledged that the prosecution's case was largely based on disclosure statements and consequent recoveries. It noted that Manoj Kumar @ Manoj had been in custody since January 5, 2024, Swaroop Singh since January 2, 2024, and Pawan Sharma since February 11, 2024. The Court found that no purpose would be served by keeping the petitioners incarcerated. While acknowledging the serious allegations and the nature of the evidence collected, the Court refrained from commenting further on the merits of the case. The petitioners were admitted to regular bail upon furnishing bail bonds and surety bonds to the satisfaction of the trial court or duty magistrate, subject to usual terms and conditions. The Court did not expressly leave any issue undecided.

Key Issues

1. Whether the petitioners, Manoj Kumar @ Manoj, Swaroop Singh, and Pawan Sharma, are entitled to regular bail in FIR No. 494 dated 27.12.2023, registered under Sections 120-B, 420, 467, 468, and 471 IPC and Section 61 of the Punjab Excise Act, 1914, considering their alleged involvement in the smuggling of illicit liquor. Petitioner's arguments: - Manoj Kumar @ Manoj: Falsely implicated based on a co-accused's disclosure statement; minimal recovery from him; in custody for approximately 4 months; trial will be lengthy. - Swaroop Singh: Not named in the FIR; his name emerged from a co-accused's statement; recoveries from him are of unconnected items and from a shared residence; in custody for about 4 months; trial will be lengthy. - Pawan Sharma: Implicated based on a co-accused's disclosure statement; no legally admissible evidence or recovery; accused due to standing surety for a GST number; no allegation of forgery; license of the company was in the name of employees; godown used by multiple vendors. Respondent's arguments: - Serious allegations of smuggling huge quantities of liquor from Chandigarh to Gujarat (a dry state) using forged documents. - M/s Akal Shaye Wine Pvt. Ltd. is involved in illegal transportation. - Sufficient evidence has surfaced against the petitioners during investigation. - Not all accused have been arrested yet.