Chinta Bai v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR M.Cr.C No.2424 of 2016 Chinta Bai W/o Radheshyam Sonwani Aged About 45 Years R/o Village - Chuchrungpur, Police Station & Tahsil - Suhela, District (Revenue & Civil ) - Baloda Bazar - Bhatapara Chhattisgarh ---- Applicant

Versus

State Of Chhattisgarh Through : Police Station - Suhela, District (Revenue & Civil) - Balodabazar - Bhatapara Chhattisgarh ----Non-Applicant For Applicant:

Shri Sumeet Jhanwar, Advocate.

For Non-Applicant/State:

Shri SC. Khakhariya, Deputy Advocate General.

Single Bench:

Hon'ble Shri Prashant Kumar Mishra, J Order On Board 17.5.2016 1.

The Applicant has preferred this application for grant of bail as he is arrested in connection with Crime No.48/2016 registered in P.S. Suhela, Distt. (Revenue & Civil)-Baloda Bazar-Bhatapara (CG) for the offence punishable under Section 34(2) of the Excise Act for possessing 17.10 bulk liters of foreign liquor.

2.

Learned State Counsel would submit that one more case under Section 36C of the Chhattisgarh Excise Act was registered against the Applicant in the year 2014. However, the said offence pertains to allowing the premises to be used for consumption of liquor and it does not involve possession of illicit liquor over and above the permissible quantity. 3.

Having heard learned counsel for the parties, having regard to the fact that though one more case under Section 36C of the Chhattisgarh Excise Act

was registered against the Applicant but it does not involve possession of illicit liquor and also considering that the Applicant is in custody since 2.04.2016, the application is allowed. It is directed that in the event of Applicant's executing a personal bond for a sum of Rs.25,000/- with two sureties for the like amount to the satisfaction of the concerned Trial Court, he shall be released on bail. He shall appear before the trial Court on each and every date given to him by the said Court till disposal of the trial. 3.

However, it is made clear that in case the Applicant involves himself in identical offence in future, this order granting bail to the Applicant shall automatically stand cancelled without reference to the Bench. Sd/- (Prashant Kumar Mishra) Vacation Judge Priya