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High Court Of ChhattisgarhMCRC/1638/2019allowed

Jhummanlal v. State Of Chhattisgarh

2019-03-08Hon'Ble Shri Justice Sharad Kumar Gupta1 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 1638 of 2019 • Jhummanlal Shri Akturam Aged About 28 Years R/o Pandepara Balod Police Station And District Balod Chhattisgarh • Toman Lal S/o Akturam Aged About 30 Years R/o Pandepara Balod Police Station And District Balod Chhattisgarh ---- Applicants

Versus

• State Of Chhattisgarh Through SHO Police Station Balod District Balod Chhattisgarh ---- Non Applicant For the Applicants :

Mr. Sunil Verma, Advocate on behalf of Mr. Avinash Chand Sahu, Advocate For the State :

Ms. M. Asha, Panel Lawyer ----------------------------------------------------------------------------------------------- Hon'ble Shri Justice Sharad Kumar Gupta Order On Board 08/03/2019 1.

This is the first bail application under Section 439 of the CrPC and there is no bail application is pending before any other Court. 2.

The applicants have been arrested in connection with Crime No.63/2019 registered at Police Station- Balod, District- Durg (C.G.) for the offence punishable under Section 34 (2) of CG Excise Act.

3.

Argument heard.

4.

Case of the prosecution, in brief is that on 05.02.2019, 6.120 bulk liters of country made liquor was seized from the possession of the applicant No.2 Toman Lal. Applicant No.1 Jhummanlal was accompanied to applicant No.2 Toman Lal. 5.

Counsel for the State submits that 1 other Excise case has already been registered against the applicant No.2 Toman Lal and one another case under the Excise Act has been registered against the applicant No.1 Jhummanlal. 6.

Looking to the facts and circumstances of the case, the application is allowed. It is directed that if each applicant furnishes two solvent sureties for a sum of Rs. 25,000/- along with a personal bond of Rs. 50,000/- to the satisfaction of the trial Court concerned trial Court with condition that he will not involve in any crime in future, he will appear before the trial Court at 11:00 am as and when directed till trial and he would cooperate during the trial, they shall be released on bail. 7.

Certified copy as per rules.

Sd/- Sd/- (Sharad Kumar Gupta) Judge Parul