High Court Of ChhattisgarhMCRC/7923/2017allowed

Mohan Lal v. State Of Chhattisgarh

2017-12-23Hon'Ble Shri Justice Ram Prasanna Sharma2 pages

HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 7923 of 2017 Mohan Lal S/o Vikram Patel, Aged About 65 Years R/o Village Amlikapa, P. S. Jarhagaon, District Mungeli Chhattisgarh ---- Applicant

Versus

State Of Chhattisgarh Through P. S. Excise Circle Mungeli, District Mungeli Chhattisgarh ---- Respondent For the applicant :

Shri Basudeo son of the applicant who has filed the affidavit on behalf of the applicant is present in person.

For Respondent :

Mr. R.N. Pusty, Govt. Advocate Hon'ble Shri Justice Ram Prasanna Sharma Order On Board 23/12/2017

1. This is an application filed under Section 439 of the Code of Criminal Procedure seeking grant of regular bail to the applicant in connection with Crime No.175/2017 registered at P.S. Excise Circle Mungeli, District Mungeli (C.G) for the offence punishable under Sections 34(1) (A), 34(2), 59-A of the Chhattisgarh Excise Act.

2. The prosecution alleges that when a raid/inspection was conducted by the Police, 7 bulk litres of illicit liquor was seized from the possession of the applicant.

3. Learned counsel for the applicant submits that the applicant has been falsely implicated in this case as no seizure was made in person from him. He further submits that the applicant is in jail since 27-11-2017 and the alleged seizure having been made, no further investigation is necessary, therefore, he may be enlarged on bail.

4. Per contra, learned State Counsel opposes the bail application. However, he submits that earlier no case of similar nature u/s 34(2) of the Excise Act was registered against the applicant.

5. Taking into consideration the totality of the circumstances and the fact that the quantity of seized liquor in this case is 7 bulk litres; offence is triable by the JMFC and the applicant is in jail since 27-11-2017 this Court is inclined to release him on bail. Accordingly, this application is allowed.

6. The applicant is directed to be released on bail on his executing a personal bond in sum of Rs.20,000/- with one surety in the like sum to the satisfaction of the concerned trial Court. He shall also appear before the said Court as and when directed by the said Court.

C.C. today.

Sd/- (Ram Prasanna Sharma) Winter Holiday Judge Santosh