Sagar Saini vs. State Of Hp

Held

The Court allowed the bail petition, holding that while the petitioner faced serious allegations, his primary role, prima facie, appeared to be arranging the supply of spirit. The Court noted that the co-accused who allegedly used the spirit, Parvez Momeen, had not yet been apprehended. It was yet to be proven during the trial whether the petitioner knew the spirit was to be used for illegal manufacturing or if he was a partner, as alleged. The crucial aspect of whether the spirit supplied by the petitioner eventually led to the deaths and injuries was also to be deliberated, especially given the petitioner's submission that deaths were attributed to Methyl Alcohol, not Ethyl Alcohol. The Court observed that investigation concerning the petitioner was complete, no recovery was to be made from him, and he had already spent over 11 months in custody. His further detention was deemed unnecessary. The apprehension of influencing witnesses was addressed by imposing stringent bail conditions. The Court explicitly stated that its observations were for the bail petition only and not an opinion on the merits of the case, and the trial court should decide the matter without being influenced.

Facts

This is a bail petition filed by Sagar Saini (the petitioner) in connection with FIR No.15/2022, registered under various sections of the Indian Penal Code and the H.P. Excise Act. The FIR was lodged following the deaths of seven persons and injuries to fourteen others due to consuming spurious liquor. The petitioner is accused of arranging for the supply of spirit (Ethyl Medical Solution) to co-accused Gaurav Minhas, who allegedly used it in the manufacture of illegal and spurious liquor. The petitioner allegedly acted as a middleman, facilitating the supply of spirit through co-accused Parvez Momeen, and also provided GST numbers of medical stores for procurement. The petitioner was arrested on January 22, 2022, and has been in custody for nearly a year. The challan has been presented in the competent court.

Key Issues

1. Whether the petitioner is entitled to regular bail in FIR No.15/2022, registered under Sections 304, 308, 328, 420, 468, 471, 201, 109 and 120B of the Indian Penal Code and Sections 39, 40 and 41 of the H.P. Excise Act, considering his role in allegedly arranging the supply of spirit for the manufacture of spurious liquor? (Question of law and mixed fact and law) Petitioner's Arguments: The petitioner argued that he was falsely implicated and not connected with the recovery of Methyl Alcohol, which allegedly caused the deaths. His role was limited to being a middleman for procuring Ethyl Medical Solution, and there was no allegation that any death or injury occurred due to liquor manufactured using the spirit he procured. He also contended that it was not the prosecution's case that he directly supplied the spirit or illegally manufactured spurious liquor. He highlighted that investigation concerning him was complete, challan presented, and he had spent almost a year in custody. Respondent's Arguments: The State opposed the grant of bail, contending that the petitioner was accused of procuring spirit used in the illegal manufacture of spurious liquor and did not deserve leniency. However, they suggested that if bail were granted, it should be subject to stringent conditions, including cooperation with the investigation and not tampering with evidence.