High Court Of ChhattisgarhMCRC/6341/2015allowed

Satnam Singh v. State Of Chhattisgarh

2015-11-24Hon'Ble Shri Justice Goutam Bhaduri2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 6341 of 2015 • Satnam Singh S/O Gurucharan Singh, Aged About 58 Years R/O M. P. Housing Board Bhilai, Police Station - Jamul, District ( Revenue & Civil ) Durg ( C. G. ) At Present - Bhogdeeh, Police Station - Saliha, District ( Revenue & Civil ) - Balodazabar- Bhatapara ( Chhattisgarh ) ---- Petitioner

Versus

• State Of Chhattisgarh Through : Excise Circle - Bilaigarh, District ( Revenue & Civil ) - Balodabazar - Bhatapara ( Chhattisgarh ) ---- Respondent For the applicant :

Mr. Sumit Jhawar, Advocate For the Respondent :

Mr. Vivek Singhal, Panel Lawyer Hon'ble Shri Justice Goutam Bhaduri Order on Board 24.11.2015

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. 153 of 2015 registered at P.S. Excise Circle Bilaigarh, Distt. (Rev. & Civil) Baloda Bazar-Bhatapara (C.G) for the offence punishable under Sections 34(1)(A), 34(2), 59(A) of the Excise Act.

2. The prosecution alleges that when a raid/inspection was conducted by the Police, 18 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 19.10.2015 and the seizure having been made, no further investigation is necessary.

4. Per contra, learned State Counsel opposes the bail application. However, he 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 18 bulk litres; offence is triable by the JMFC and the applicant is in jail since 19.10.2015 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