HC declines bail in spurious liquor case, says releasing such persons on bail would render society full with widowed women, orphaned children

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Read Judgement: Avnash Singh @ Kalsi v. State of Punjab 

LE Staff

Chandigarh, July 5, 2021: Declining bail to an accused in a hooch tragedy case registered in Punjab’s Taran district, the Punjab and Haryana High Court has observed that if such persons are released on bail, their acts would “further decay the very system of the society” and render it “full with widowed women, orphaned children and old and infirm parents with full of woes and sorrow tales”.

“The petitioner is accused of a gruesome crime against the society at large. The modus operandi and the mensrea behind preparation of spurious country made liquor with the objective of selling it to the people from the underprivileged sections of Society, is a well thought-out design and the same has eaten into the very roots of the Society,” Justice Harnaresh Singh Gill said.

The court said that one cannot lose sight of the various hooch tragedies reported in the recent past from different parts of the country, all leading to the death of many people from the marginalised sections. 

“As the people used to substance, go berserk under the allurement of the said liquor being cheap, none can speak of their prudence, at the dangling moment of addiction. It is this state of these hapless people, which is taken benefit of by the people like the petitioner. 

“Hence, if such kind of persons are released on bail, they would further decay the very system of the Society and their such acts would render the Society full with widowed women; orphaned children and old and infirm parents with full of woes and sorrow tales.”

The judge added that the matter can be looked from another angle — the greed of the accused to earn money at the cost of lives of the innocent and poor. 

“For mere monetary benefits, if anyone plays havoc and commits brutality of killing the people through passive mode(s), such person having snatched from others the right to live with dignity, does not deserve any kind of leniency and has to be dealt with iron hands.”

The High Court said as per the order dated May 6, 2021 passed by the trial court declining the petitioner’s prayer for grant of regular bail, another case of similar nature i.e. FIR No. 221 dated 31.07.2020 under Sections 302, 304, 328, 326, 120-B, 109 IPC and Sections 61 and 63 of the Punjab Excise Act and Section 6 of the Poisons Act, 1919, is registered against the petitioner. 

“Thus, the criminal antecedents of the petitioner, speaks volumes. In view of the above, finding no merit in the present petition, the same is hereby dismissed,” the judge mentioned.

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