Pardeshi v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 3174 of 2016 • Pardeshi S/o Suraj Yadav Aged About 55 Years R/o Village - Dhangaon, Thana / Tahsil - Dongargaon, Distt. - Rajnandgaon Chhattisgarh --- Petitioner

Versus

• State of Chhattisgarh Through - Excise Circle Dongargaon, Revenue / Civil Distt. - Rajnandgaon Chhattisgarh --- Respondent For the applicant :

Mr. Sameer Singh, Advocate For the Respondent :

Ms. Tripti Rao , Panel Lawyer Hon'ble Shri Justice Goutam Bhaduri Order on Board 29.06.2016

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. 36/2016 registered at P.S. Excise Circle Dongargaon, Distt. Rajnandgaon (C.G) for the offence punishable under Section 34(2)(1) of the Chhattisgarh Excise Act.

2. The prosecution alleges that when a raid/inspection was conducted by the Police, 5.400 bulk litres of illicit liquor was seized from the possession of the applicant.

3. Learned counsel for the applicant submits that the applicant is in jail since 12.05.2016 and the alleged seizure having been made, no further investigation is necessary.

4. Per contra, learned State Counsel opposes the bail application. However, she submits that the concerned SHO has reported that the applicant has no criminal antecedents.

5. Taking into consideration the totality of the circumstances and the fact that the quantity of seized liquor in this case is

5.400 bulk litres; offence is triable by the JMFC and the applicant is in jail since 12.05.2016 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.25,000/- 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. as per rules.

Sd/- GOUTAM BHADURI JUDGE R a o