High Court Of ChhattisgarhMCRC/30/2021allowed

Vijay Mathuraprasad Malvi v. State Of Chhattisgarh

2021-01-08Hon'Ble Shri Justice Gautam Chourdiya2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 30 of 2021

1. Vijay Mathuraprasad Malvi, aged about 33 Years, S/o Mathuraprasad Malvi, R/o- Quarter No.167, Near Shiv Mandir, Shanti Nagar, VHB Colony, Nagpur Police Station- Shanti Nagar, Civil and Revenue District- Nagpur (Maharashtra) Mobile No. 9422829998 Adhar No. 495312469044.

2. Meer Shahjad Ali, aged about 29 Years, S/o Meer Sharif Ali, R/oHouse No. 377, Behind Lakadganj Masjid, Mirchi Bazar Itwari, Nagpur City, Nagpur, Police Station- Lajkadganj, Civil and Revenue DistrictNagpur (Maharashtra) Adhar No. 847486950004. ----Applicants

Versus

• State of Chhattisgarh, Through - Station House Officer, Police StationPandari, Civil and Revenue District- Raipur (Chhattisgarh). ---- Respondent For Applicants Shri Devesh G. Kela, Advocate.

For State Shri Vimlesh Bajpai, Government Advocate.

Hon'ble Shri Justice Gautam Chourdiya Order on Board 08/01/2021

1. Heard on admission.

2. The application is admitted for hearing.

3. With the consent of the parties, the matter is heard finally.

4. The applicants have preferred this application under Section 439 of Cr.P.C. as they are in jail since 01.12.2020 in connection with Crime No.194/2020 registered at Police Station- Pandari, District Raipur, C.G. for the offence punishable under Section 34 (2) of the C.G. Excise Act.

5. Allegation against the applicants is that they were found in illegal possession of 17.280 bulk litres of foreign made liquor.

6. Learned counsel for the applicants submits that the applicants have been falsely implicated in this crime, they are languishing in jail since 01.12.2020 and conclusion of trial is likely to take some time. He also submits that the applicants have no criminal antecedents.

7. On the other hand, learned counsel for the State opposes the bail application.

8. Having heard learned counsel for the parties, having regard to the facts and circumstances of the case, considering the quantity of illicit liquor, the detention period of the applicants and the fact that the applicants have no criminal antecedents as admitted by both the counsels and that conclusion of trial may take some time, the application is allowed. It is directed that in the event of each of the applicants executing a personal bond for a sum of Rs.50,000/- with two sureties of Rs.25,000/- each to the satisfaction of the concerned trial Court, they shall be released on bail. They are directed to appear before the trial Court on each and every date given to them by the said Court, till disposal of the trial.

9. It is made clear that the applicants shall not involve themselves in any offence of similar nature in future or else this order granting bail to the applicants shall automatically stand cancelled without further reference to the Bench.

Sd/- Gautam Chourdiya Judge Akhilesh