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High Court Of ChhattisgarhMCRC/3604/2016allowed

Sudheylal v. State Of Chhattisgarh

2016-07-13Hon'Ble Shri Justice Goutam Bhaduri2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 3604 of 2016 • Sudheylal S/o Heeraram Banjare Aged About 33 Years R/o Village Boriya, Police Station Berla, Civil & Revenue District Bemetara, Chhattisgarh --- Petitioner

Versus

• State of Chhattisgarh Through : Station House Officer, Police Station Berla, Civil & Revenue District Bemetara, Chhattisgarh.

--- Respondent For the applicant : Mr. Aditya Kumar, Advocate For the Respondent : Mrs. Shobha Kashyap, Panel Lawyer Hon'ble Shri Justice Goutam Bhaduri Order on Board 13.07.2016

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.119/2016 registered at P.S. Berla, District Bemetara (C.G) for the offence punishable under Sections 34(2) of the Chhattisgarh Excise Act.

2. The prosecution alleges that when a raid/inspection was conducted by the Police, 45 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 20.05.2016 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 according to concerned SHO, earlier no case u/s 34(2) of the Excise Act stands 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 45 bulk litres; offence is triable by the JMFC and the applicant is in jail since 20.05.2016, 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