Not being convicted in any case in the past is not a ground to grant bail, the high court has said.
The court made this observation while denying bail to an accused facing five cases under the Excise Act.
The authorities had seized 7,200 litres of liquor and eight litres of illegal toddy from the suspect.
The petitioner, Nagaraj, is a resident of Waddar Colony in Bidar. When the excise inspector along with a team of officials raided Nagaraj’s house, he escaped from there.
The officials had seized in total 7,200 litres of liquor and eight litres of illegal toddy.
A case was registered against him for offences under various sections of the Karnataka Excise Act.
The petitioner contended that though five cases are registered against him, he is not convicted in any case and claimed that false cases were registered against him.
He submitted that he may be enlarged on bail as offences are not punishable with death or imprisonment for life.
The government advocate opposed the petition and said that the petitioner was a habitual offender and had been indulging in similar offences from 2016-17. The counsel said he would indulge in similar offence if he is enlarged on bail.
Justice H P Sandesh noted that the accused is facing six cases under the Excise Act.
“If he is enlarged on bail, he would again indulge in similar offence and not being convicted in any case is not a ground to grant him bail,” the court said.
(Published 30 October 2021, 16:31 IST)
JOIN US