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High Court Of ChhattisgarhMCRC/322/2016allowed

Toman Lal Satnami v. State Of Chhattisgarh

2016-01-29Hon'Ble Shri Justice Goutam Bhaduri2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 322 of 2016 • Toman Lal Satnami S/o Pusau Ram Satnami Aged About 38 Years R/o Kusmund, Police Station Arang, Civil and Rev. Distt. Raipur Chhattisgarh.

--- Petitioner

Versus

• State of Chhattisgarh Through Police Station Arang, District Raipur Chhattisgarh.

--- Respondent For the applicant :

Mr. Kishore Narain, Advocate For the Respondent :

Ms. Sunita Jain, Panel Lawyer Hon'ble Shri Justice Goutam Bhaduri Order on Board 29.01.2016

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. 387 of 2015 registered at P.S. Arang, Distt. Raipur (C.G) for the offence punishable under Section 34(2) of the Chhattisgarh Excise Act.

2. The prosecution case, in brief, is that when a raid was conducted 19.260 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 28.11.2015 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 applicant has no past antecedents as per the report of concerned SHO.

5. Taking into consideration the totality of the circumstances and the fact that the quantity of seized liquor in this case is 19.260 bulk litres; offence is triable by the JMFC, charge

sheet has been filed in this case and the applicant is in jail since 28.11.2015 as also considering the fact that he has no past antecedents, 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 trial Court as and when directed by the said Court.

7. C.c. as per rules.

Sd/- GOUTAM BHADURI JUDGE Rao