Shekh Imran v. State Of Chhattisgarh

-1NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MISC. CRIMINAL CASE NO. 7605 OF 2016 1.

Shekh Imran S/o Yunus Quraishi, aged about 19 years. 2.

Laxmikant S/o Sundar Chauhan, aged about 32 years. Both R/o Ward No.6, Nayapara, Mahasamund, Police Station and Tahsil & District Mahasamund (C.G.) ... Applicants

Versus

State of Chhattisgarh, through the Excise Officer, Excise CircleMahasamund, District Mahsamund (C.G.) ... Respondent For Applicants :

Mr. Vikash Pradhan, Advocate.

For Respondent-State :

Mr. Neeraj Jain, Govt. Advocate.

Hon'ble Shri Justice P. Sam Koshy Order on Board 21/11/2016 1.

This is the first bail application seeking for grant of bail to the Applicants who are in jail since 5.11.2016 in connection with Crime No. 251 of 2016 registered at Police Station Excise Circle Mahasamund, District Mahasamund, for the offence punishable under Section 34(2) of the Chhattisgarh Excise Act.

2.

As per the prosecution, on search being made, total 18 liters of country made liquor was seized from the unlawful possession of the Applicants and therefore they have been charged with the offence punishable under Section 34(2) of the Chhattisgarh Excise Act and have been arrested on 5.11.2016.

3.

Learned Counsel for Applicant submits that the Applicants are innocent, they have been falsely implicated in the instant case and no liquor has been seized from their exclusive possession. He further submits that the Applicants are in custody since 5.11.2016 and therefore they may be enlarged on bail.

-24.

Opposing the bail application, learned Counsel for the State submits that the Applicants were found to be in unlawful possession of 18 liters of country made liquor and therefore they may not be enlarged on bail. 5.

Without commenting on merits, considering the totality of the facts and circumstances of the case and taking into account the quantity of liquor alleged to have been seized as also the fact that the Applicants are in detention since 5.11.2016, this Court is of the opinion that the present is a fit case where the Applicants can be enlarged on bail. 6.

Accordingly, the application for grant of bail is allowed. It is directed that the Applicants shall be released on bail on their furnishing a personal bond for a sum of Rs.20,000/- each with one surety each of the like sum to the satisfaction of the concerned Trial Court for their appearance as and when directed.

Sd/- (P. Sam Koshy) /sharad/ Judge