Govind Jolhe v. State Of Chhattisgarh

-1HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 3175 of 2021 • Govind Jolhe Son Of Late Rawatram Jolhe Aged About 28 Years Resident Of Village Chhuchhubhantha, Police Station - Dabhra, District Janjgir Champa (Chhattisgarh) ---- Petitioner

Versus

• State Of Chhattisgarh Through Station House Officer, Police Station Dabhra, District Janjgir Champa (Chhattisgarh) ---- Respondent ____________________________________________________________________ For Applicant :

Mr.Yogeshwar Sharma, Advocate.

For Non-applicant/State :

Mr. Raghvendra Verma, Govt. Advocate.

Hon'ble Shri Justice Rajendra Chandra Singh Samant Order on Board 26.05.2021 Heard.

Admit.

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. 174/2021, registered at Police Station Dabhra, Janjgir Champa, Chhattisgarh for the offence punishable under Sections 34(2), 59 (a) of the Chhattisgarh Excise Act.

2. The prosecution alleges that the applicant was found to be in possession of illicit hand made country liquor measuring about 50 bulk liters and he was arrested on 19.04.2021.

3. Learned counsel for the applicant submits that the applicant has falsely been implicated in this case. The applicant has already been released on parole as per the committee constituted by the directions of the Supreme Court in Suo-moto W.P. No.01/2020.

-24. Learned State counsel opposes the prayer and submissions made by the counsel for applicant.

5. Taking into consideration the totality of the circumstances and the fact that the quantity of seized liquor is 50 bulk liters; and that the applicant had also benefited by grant of bail by the orders of the Hon'ble Supreme Court, 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. It is directed that the applicant shall be released on bail on his 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 his appearance as and when directed. In case the bail bonds earlier furnished by applicant for his release on parole as per the communication of Supreme Court in Suo-moto W.P. No.01/2020, and by the decision of High Powered Committee constituted in this respect, the same shall continue to be in force and remain effective and there shall be no requirement for furnishing fresh bail bonds as directed in this order.

Certified copy as per rules.

Sd/- (Rajendra Chandra Singh Samant) Vacation Judge yasmin