Hem Singh And ANR. v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Misc. Criminal Case No.2267 of 2016

1. Hem Singh, S/o Nain Singh, aged about 48 years, R/o Nevaspur, P.S. Kawardha, Distt. Kabirdham (C.G.)

2. Tamil Singh Dhurve, S/o Hem Singh, aged about 25 years, R/o Nevaspur, P.S. Kawardha, Distt. Kabirdham (C.G.) ---- Applicants

Versus

State of Chhattisgarh, Through Station House Officer, Kawardha, Distt. Kabirdham (C.G.) ---- Non-applicant For Applicants:

Mr. Ajay Ayachi, Advocate.

For Non-applicant:

Mr. U.N.S. Deo, Govt. Advocate.

Hon'ble Shri Justice Prashant Kumar Mishra Order On Board 17/05/2016

1. The accused/applicants have moved this bail application under Section 439 of the Code of Criminal Procedure, 1973 for releasing them on regular bail during trial in connection with Crime No.104/2016, registered at Police Station Kawardha, Distt. Kabirdham, for the offence punishable under Section 34(2) of the Chhattisgarh Excise Act, 1915.

2. Case of the prosecution, in brief, is that 63.720 bulk litres of liquor was seized from the possession of the present applicants.

3. Considering the quantity of liquor seized from the applicants, no case for releasing the applicants on bail is made out against the applicants. In addition to this, applicant No.1 appears to be a habitual offender.

4. In view of the above, the bail application is dismissed. However, the applicants would be at liberty to move again after three months. Sd/- Vacation Judge (Prashant Kumar Mishra) Soma