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High Court Of ChhattisgarhMCRC/2329/2020allowed

Saiyad Saukat v. State Of Chhattisgarh

2020-04-30Hon'Ble Shri Justice Manindra Mohan Shrivastava2 pages

-1NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 2329 of 2020 Saiyad Saukat S/o Saiyad Ahmed Aged About 40 Years R/o Village Kaneri Gavali, P. S. Balapur District Akola, Maharashtra, District : Akola, Maharashtra ---- Applicant

Versus

State Of Chhattisgarh Through District Magistrate Durg District Durg Chhattisgarh., District : Durg, Chhattisgarh ---- Respondent For Applicant :

Shri B.P. Singh, Advocate For State :

Shri H.S. Ahulwalia, Dy. A.G.

S.B. Hon'ble Shri Justice Manindra Mohan Shrivastava Order On Board 30/04/2020 Heard.

1. The applicant has been arrested in connection with Crime No.57 of 2020 registered at Police Outpost- Jewra Sirsa, P.S. Pulgaon, District- Durg (CG), for alleged commission of offence under Section 3/7 of the Essential Commodities Act.

2. Case of the prosecution, in brief, is that the applicant was found illegally transporting, 250 quintal of rice.

3. Learned counsel for the applicant submits that the applicant has been falsely implicated. He submits that the investigation is complete, charge sheet has been filed and looking to the maximum sentence which could be awarded and that the applicant is in jail since 12.2.2020, he may be granted bail.

4. On the other hand, learned counsel for the State opposed the application. He submits that looking to the huge quantity of rice found in possession of

-2the applicant, bail application may be rejected.

5. Taking into consideration the maximum sentence that could be awarded and that the investigation is complete, charge sheet has been filed, applicant is not likely to abscond and further considering that he is in jail since 12.2.2020, the application is allowed.

6. It is directed that the applicant shall be released on bail on his furnishing a personal bond in the sum of Rs.25,000/- along with one local surety for the like amount to the satisfaction of the concerned trial Court, with following further conditions:

(i) The applicant shall not act in any manner which will be prejudicial to fair and expeditious trial; and (ii) The applicant shall appear before the trial Court on each and every date given to him by the said Court till disposal of the trial.

Certified copy as per rules.

Sd/- (Manindra Mohan Shrivastava) Judge Praveen