Sunita vs State Of Punjab

Avneesh Jhingan, J

The matter is taken up for hearing through video conference due to COVID-19 situation.

On 8.10.2020, this Court passed the following order:

“This petition is filed seeking anticipatory bail in FIR No. 124 dated 29.7.2020 under Section 61 of Punjab Excise Act, 1914, registered at Police

Station Sadar Gurdaspur, District Gurdaspur.

As per the FIR, police received an information from a special messenger that the petitioner resident of Halla is selling illicit liquor from her house. A

raid was conducted. The petitioner was seen sitting on a 'plastic can' inside the gate in a corner of the compound. It is alleged that on seeing the police

party she disappeared inside the village. Recovery of 29 bottles of 750 ML each and bottle of 570 ML was made. Apprehending arrest, the petitioner

moved the petition for anticipatory bail. The same was rejected on 7.8.2020. Hence, the present petition.

Learned counsel for the petitioner relied upon the disability certificate issued by the Civil Surgeon, Gurdaspur. As per the said certificate, there is 90%

walking disability of lower limb of the petitioner.

On 7.10.2020 the following order was passed:

“This is a petition for anticipatory bail in FIR No.124,dated 29.07.2020, under Section 61 of the Punjab Excise Act, 1914 registered at Police Station

Sadar Gurdaspur, District Gurdaspur.

As per the allegations in the FIR, there was an information that Sunita was selling illicit liquor from the house. On the said information, raid was

conducted and at that time a lady was sitting with a plastic can inside the gate in a corner of the compound. On seeing the police party, she

disappeared in the dark and left the plastic can of illicit liquor. 29 bottles of 750 ml each and a bottle of 570 ml were recovered. Along with the petition

for anticipatory bail, a disability certificate issued by the Civil Surgeon, Gurdaspur is annexed, stating:-

“Specimen signatures appears above and identification marks shown being has been medically examined and found that he/she is case of PP RP

both lower limbs. Power of right lower limb 0 to 3 grade. Power of left lower limb 3 to 4 grade. Disability is 90% and is permanent 90% 21.08.1997

As such he/she physically handicapped. Identification marks.

Scar on left hand.â€​

Learned State counsel, on instructions, submits that there are other cases pending against the petitioner and she did not ran away but disappeared on

seeing the police party.

On a pin-pointed query of the Court from the State counsel to justify the fact that from a house raid by a police party, how a lady with 90% permanent

disability of lower limbs disappeared, she seeks time to have instructions and to file an affidavit of some higher official.

List on 8th October, 2020.â€​

Today the State counsel has filed an affidavit of Rajinder Singh Sohal, Senior Superintendent of Police, Gurdaspur. The print out of affidavit is taken

and placed on record. In the affidavit it has been stated that there are nine more cases registered against the petitioner. With regard to disability, the

relevant para is quoted below:

''3. That as per the Annexure P-2, the disability certificate of the petitioner was issued by the Civil Surgeon,Gurdaspur vide No. GSG/89-614 dated

21.08.1997. During the verification of SHO Police Station Sadar, Gurdaspur, it has been verified that the petitioner can walk with limping and there is

no trouble in her walking. It has also been clarified that raid was conducted at about 8:00 pm and petitioner took benefit of dark and disappearred

inside the Village through the neighbouring house.â€​

Considering the fact that the disability certificate has not been disputed, however, it is stated that the petitioner can walk with a limb and there is no

trouble in walking, prima-facie, cannot be accepted. As there is a certification of 90% of lower limbs, be that as it may, it is difficult to accept that a

police party raided a house on the basis of an information received yet a differently abled lady seen at the spot is able to dodge the police and

disappear.

It is pertinent to note here that FIRs are being relied upon, five are of the year 2009 to 2012 and rest of the four matters are still under investigation.

Considering the quantity of recovery made coupled with the disability, the petitioner is granted interim bail subject to his joining investigation within two

weeks from today. She shall be bound by the conditions as envisaged under Section 438(2) Cr.P.C.â€​

Learned counsel for the State, on instructions from SI-Kuldeep

Singh submits that the petitioner has joined the investigation and her custodial interrogation is not required.

In view of the statement made by learned counsel for the State, the order dated 8.10.2020 is made absolute.

The petition stands disposed of.