Heera Lal And ANR. v. State Of Chhattisgarh
NAFR HIGH COURT OF CHHATTISGARH, BILASPUR M.Cr.C. No. 806 of 2016 1.
Heeral Lal S/o Late Shri Mahandas Kaushik aged about 25 years R/o Jailpara Bemcha P.S. and Tahsil Mahasamund Civil and Revenue District Mahasamund C.G.
2.
Sahil Quraishi S/o Sarif Kuraishi aged about 30 years R/o Ward No. 14 Old Fish Market Mahasamund Tahsil and District Mahasamund C.G. ---Applicants
Versus
State of Chhattisgarh through Station House Officer Tumgaon District Mahasamund C.G.
---Non-applicant For Applicants :
Mr. Wasim Miyan, Advocate For Non-applicant :
Mr. Vivek Singhal, P.L.
Hon'ble Shri Justice Sanjay K. Agrawal Order on Board 29/02/2016 1.
This is an application filed under Section 439 of the Cr.P.C. for grant of regular bail to the applicants, who have been arrested in connection with crime No.08/16,
registered at Police Tumgaon, District Mahasamund, for the offence punishable under Section 34(2) of the Chhattisgarh Excise Act.
2.
Case of the prosecution, in brief, is that 11.520 bulk liters of illicit liquor was seized by the police from the applicants.
3.
Learned counsel for the applicants submits that the applicants have falsely been implicated in the case, and therefore, they may be released on bail.
4.
On the other hand, learned counsel for the State/non-applicant opposes the bail application. 5.
I have heard the counsel appearing for the parties and perused the case diary.
6.
Taking into consideration the condition incorporated in Section 59-A(ii) of the C.G. Excise Act, 1915, and bearing in mind the principles of law laid down in Banti Singh v. State of Chhattisgarh (M.Cr.C. No.6846 of 2014, decided on 05.01.2015), if the facts of present case are examined, it is apparent that there is no
criminal antecedent of the present applicants and only 11.520 bulk liters of illicit liquor has been seized from them which is more than prescribed limit of 5 bulk liters, but looking to the fact that it is first offence of the applicants and they are in custody from 13/01/2016 and case is triable by the Judicial Magistrate First Class and trial is likely to take some more time and further taking into account the nature and gravity of offence and plea raised by the applicants that they have falsely been implicated in case, I am of the opinion that present is the fit case, in which, the applicants should be enlarged on regular bail. 7.
Accordingly, the bail application filed under Section 439 of the Cr.P.C. is allowed. It is directed that each of the applicants i.e. Heera Lal and Sahil Quraishi, furnishes a personal bond for a sum of Rs. 25,000/- with one surety of the like amount to the satisfaction of the concerned trial Court for their appearance as and when directed, the applicants shall be released on bail, subject to following conditions:- • That, the applicants shall furnish a specific
undertaking that while on bail, they will not commit any excise offence, otherwise bail granted to them shall be liable to be cancelled and shall co-operate the prosecution during trial.
• That, the accused/applicants shall make themselves available for interrogation before the concerned Investigating Officer as and when required and the accused/applicants shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him/her from disclosing such facts to the Court or to any police officer.
• That, the accused/applicants shall not act, in any manner, which will be prejudicial to fair and expeditious trial.
8.
Certified copy as per rules.
Sd/- (Sanjay K. Agrawal) Judge Tiwari