High Court Of ChhattisgarhMCRC/6855/2015allowed

Sundar Lal Maheshwari v. State Of Chhattisgarh

2015-12-14Hon'Ble Shri Justice Goutam Bhaduri2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 6855 of 2015 • Sundar Lal Maheshwari S/o Pirit Ram Maheshwari Aged About 34 Years R/o Village- Sandi, Police Station- Pallari, DistrictBaloda- Bazar- Bhatapara ( Chhattisgarh) --- Petitioner

Versus

• State of Chhattisgarh Through- S.H.O. Kotwali- Baloda-Bazar, District- Baloda- Bazar- Bhatapara, (Chhattisgarh) --- Respondent For the applicant :

Mr. Hemant Gupta, Advocate For the Respondent :

Mrs. Sunita Jain, Panel Lawyer Hon'ble Shri Justice Goutam Bhaduri Order on Board 14.12.2015

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. 404/2015 registered at P.S. Kotwali, Baloda Bazar, Distt. Baloda Bazar (C.G) for the offence punishable under Section 34(2) of the Chhattisgarh Excise Act.

2. The prosecution alleges that when a raid/inspection was conducted by the Police, 17.28 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 16.11.2015 and the seizure having been made, no further investigation is necessary.

4. Per contra, learned State Counsel opposes the bail application. However, she submits that the concerned SHO has reported that the applicant has no criminal antecedents.

5. Taking into consideration the totality of the circumstances and the fact that the quantity of seized liquor in this case is

17.28 bulk litres ; offence is triable by the JMFC and the applicant is in jail since 16.11.2015 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 is directed to appear before the said Court as and when directed by the said Court.

7. C.c. as per rules.

Sd/- GOUTAM BHADURI JUDGE Rao