Lalsay v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 6012 of 2015 Lalsay S/o Bigan Ram Rajwade Aged About 50 Years R/o Sattipara, Police Station Chandoura, Tahsil Pratappur, District Surajpur Chhattisgarh ---- Applicant

Versus

State Of Chhattisgarh Through : Station House Officer, Police Of Police Station Chandoura, District - Surajpur Chhattisgarh ---- Respondent For applicant - Shri Anil Gulati, Advocate.

For Respondent/State - Shri Arvind Shukla, PL. Hon'ble Shri Justice Goutam Bhaduri Order 16/11/2015 1.

The applicant has preferred this application for grant of bail as he is arrested in connection with Crime No. 70/2015 registered in Police Station Chandoura, District Surajpur (C.G.) for offence punishable under section 34(2), 36(C) of C.G. Excise Act.

2.

The prosecution alleges that the applicant was found to be in possession of illicit liquor measuring 9 bulk liters and he was arrested on 19/09/2015.

3.

Learned counsel for the applicant submits that applicant has been falsely implicated in this case and he is in jail since 19/09/2015 and considering the detention, applicant may be released on bail. 4.

Learned State counsel opposes the prayer for grant of bail and would submit that as many as 8 cases under the Excise Act has been

registered against the applicant till 2014.

5.

Considering the case diary that as many as 8 cases under the Excise Act has been registered against the applicant till 2014 it appears that applicant is a habitual offender, therefore this Court is not inclined to release the applicant on bail.

6.

Accordingly, the bail application is dismissed. However, trial court is requested to expedite the trial.

Certified copy as per rules.

Sd/- (Goutam Bhaduri) JUDGE gouri