High Court Of ChhattisgarhMCRC/2238/2020allowed

Hemlal v. State Of Chhattisgarh

2020-04-28Hon'Ble Shri Justice Prashant Kumar Mishra2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 2238 of 2020

1. Hemlal S/o Shri Rameshwar Aged About 35 Years

2. Prabhulal S/o Shri Samarulal Aged About 41 Years Both R/o Village Basna, Tahsil Basna, Police Station Basna, Civil And Revenue District Mahasamund Chhattisgarh ---- Applicants

Versus

1. State Of Chhattisgarh Through Station House Officer, Police Station, Basna, Civil And Revenue District-Mahasamund Chhattisgarh.

---- Respondent For Applicant Mr. Sunil Verma, Advocate For Respondent /State Mr. Chandresh Shrivastava, Dy. Adv.

General Hon'ble Mr. Justice Prashant Kumar Mishra Order On Board 28/4/2020

1. Heard.

2. The applicants have preferred this first bail application under Section 439 of CrPC, as they are arrested in connection with Crime No.152/2020, registered at Police Station Basna, District Mahasamund (CG), for the offence punishable under Section 34 (2) of the Chhattisgarh Excise Act for illegally possessing 10 bulk liters of country made liquor.

3. Having heard learned counsel for the parties, having regard to the facts and circumstances of the case and considering the fact that the applicants are in jail since 12.04.2020, I am of the opinion that present is a fit case to release the applicants on regular bail.

4. Accordingly, the bail application M.Cr.C.No.2238 of 2020 is allowed and the applicants are directed to be released on bail on each of them executing personal bond for a sum of Rs.1,00,000/- with one local surety in the like amount to the satisfaction of the concerned on duty remand Magistrate. The applicants are directed to appear before the trial Court on each and every date given by the said Court.

5. It is made clear that if the applicants involve themselves in the offence of similar nature during the operation of this order, this order granting bail to the applicants shall automatically stand cancelled without reference to the Bench and the applicants shall be arrested forthwith.

6. Certified copy as per rules.

Sd/- (Prashant Kumar Mishra) Judge Gowri