High Court Of ChhattisgarhMCRC/5785/2016allowed

Mahesh Suryawanshi v. State Of Chhattisgarh

2016-09-27Hon'Ble Shri Justice Goutam Bhaduri2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 5785 of 2016 • Mahesh Suryawanshi S/o Late Gowardhan Suryawanshi Aged About 24 Years (Wrongly Mention In Impugned Order Surya), R/o Village Nargoda, Police Station Sipat, District Bilaspur, Chhattisgarh. ---- Petitioner

Versus

• State of Chhattisgarh S/o through the Station House Officer, Police Station- Sipat, District- Bilaspur- Chhattisgarh. --- Respondent For the applicant :

Mr. Dhirendra Pandey, Advocate For the Respondent :

Mr. Vinod Tekam, Panel Lawyer Hon'ble Shri Justice Goutam Bhaduri Order on Board 27.09.2016

1. This is second bail application filed under Section 439 of the Code of Criminal Procedure seeking grant of regular bail to the applicant in connection with Crime No.79/2016 registered at P.S. Sipat, Distt. Bilaspur (C.G) for the offence punishable under Sections 34(i)(A) & 34(2) of the C.G. Excise Act.

2. As per the prosecution case, when a raid was conducted on 08.04.2016, from the possession of the applicant 19 litres of liquor was recovered.

3. Learned counsel for the applicant submits that this is second bail application and the earlier bail application was dismissed as withdrawn with liberty to repeat the same after examination of the seizure witnesses. He submits that the seizure witnesses namely Rameshwar and Prajaram Khare have been examined and they have not supported the case of prosecution and the applicant has been falsely implicated in this case.

4. Learned State Counsel do not dispute the fact that the

seizure witnesses have turned hostile.

5. Considering the fact that both the seizure witnesses have not supported the case of prosecution and they have turned hostile, without any further observation on merits of the case, I am inclined to release the applicants on bail.

6. Accordingly, the bail application is allowed and 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 trial Court as and when directed by the said Court.

C.c.

as per rules.

Sd/- GOUTAM BHADURI JUDGE R a o