Smt. Parmila Joshi v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 4753 of 2016 Smt. Parmila Joshi, W/o. Assee Kumar Joshi, Aged About 40 Years, R/o Village- Amsena, Police Station - Aarang, District Raipur, Chhattisgarh.

---- Applicant

Versus

State of Chhattisgarh, Through It's Excise Police Station Raipur, Civil & Revenue District Raipur, Chhattisgarh.

--- Respondent ------------------------------------------------------------------------------------------------------ For Applicant :

Mr. Ravi Maheshwari, Advocate For Respondent/State :

Mr. Sumit Jhanwar, Panel Lawyer ------------------------------------------------------------------------------------------------------- Hon'ble Shri Justice Goutam Bhaduri Order On Board 22/08/2016 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. 219/2016 registered at - Police Station - Excise Police Raipur Civil and Revenue District Raipur (C.G.) for the offence punishable under Section 34(2) of the Excise Act.

2.

The prosecution alleges that the applicant was found to be in possession of illicit liquor measuring about 8.640 bulk liters and she was arrested on 09.07.2016.

3.

Learned counsel for the applicant submits that the applicant has falsely been implicated in this case and the applicant is in jail since 09.07.2016, therefore, she may be released on bail. 4.

Learned State counsel opposes the prayer for grant of bail, however, he would submit that as per the information received from the concerned SHO, the applicant has no previous antecedents of similar offence.

5.

Taking into consideration the totality of the circumstances and the fact that the quantity of seized liquor is 8.640 bulk liters; offence is triable by the JMFC and the applicant is in jail since 09.07.2016, 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 her appearance as and when directed.

Sd/- (Goutam Bhaduri) Judge Santosh