Bhuneshwar Jaiswal v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 3449 of 2016 Bhuneshwar Jaiswal, S/o. Bhuplal, Aged About 35 Years, R/o. Village Navagarh Sharab Bhatthi, Police Station Navagarh, District Bemetara, Chhattisgarh.

---- Applicant

Versus

State Of Chhattisgarh, Through: Station House Officer, Police Station Mandir Hasoud, District Raipur, Chhattisgarh. ---- Respondent --------------------------------------------------------------------------------------------------- For Applicant :

Mr. C.R.Sahu, Advocate For Respondent :

Mr. Vivek Singhal, Panel Lawyer --------------------------------------------------------------------------------------------------- Hon'ble Shri Justice Goutam Bhaduri Order On Board 01/07/2016 1.

This is the first bail application filed under Section 439 of the Code of Criminal Procedure for grant of regular bail to the applicant who has been arrested in connection with Crime No.17/2015 registered at Police Station- Mandir Hasoud, Raipur (C.G.) for the offence punishable under Section 34(2) of the Excise Act. 2.

Case of the prosecution, in brief, is that the applicant, being the manager, was found carrying 1641.600 bulk liters of liquor, which was seized on 15.01.2015 at 4:15 p.m.

3.

Learned counsel for the applicant submits that the applicant was not apprehended on the spot. It is stated that the vehicle bearing No.CG-04/J-6676 was being driven by Amit Kumar and the liquor was licenced duly granted by Chhattisgarh State Beverages Corporation. He also submits that the vehicle was wrongly intercepted and the applicant being the manager was not

responsible for the offence committed as the liquor was duly granted permit on 16.01.2015 for transporting the said liquor from Beverages Corporation to the Station Road, Raipur. He further submits that the driver of the vehicle has been granted bail by the co-ordinate Bench of this Court on 05.08.2015 in M.Cr.C. No.2506/2015; therefore, the applicant may be released on bail. 4.

Per contra, learned State counsel opposes the prayer for grant of bail.

5.

Considering the fact that the applicant was not apprehended on the spot and the driver of the vehicle has been enlarged on bail by the co-ordinate Bench of this Court and further considering the fact that the applicant is in jail since 27.05.2016, this Court is inclined to release the applicant on bail.

6.

Accordingly, the bail application filed under Section 439 of Cr.P.C. is allowed.

7.

It is directed that the applicant shall be released on bail on furnishing a personal bond for a sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the concerned trial Court, for his appearance as and when directed. Sd/- (Goutam Bhaduri) Judge Ashok