High Court Of ChhattisgarhMCRC/5811/2020allowed

Sarojani @ Sanjay Sonwani v. State Of Chhattisgarh

2020-11-27Hon'Ble Shri Justice Gautam Chourdiya2 pages

HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 5811 of 2020

1. Sarojani @ Sanjay Sonwani W/o. Raju Sonwani; aged about 40 year; R/o.- Village - Bhagat Singh Ward, Bhatapara, District (Revenue & Civil) - Balodabazar - Bhatapara (CG) ---- Applicant

Versus

• State Of Chhattisgarh Through, Through the Police Station - Bhatapara City, District - Balodabazar - Bhatapara (CG) ---- Respondent For Applicant :

Shri Sumit Jhawar, Advocate.

For Respondent/State :

Shri Dinesh Tiwari, Dy. A.G.

Hon'ble Shri Gautam Chourdiya, Order on Board 27/11/2020 [

1. Heard on admission.

2. The application is admitted for hearing.

3. With the consent of the parties, the matter is heard finally.

4. The applicant has preferred this application under Section 439 of Cr.P.C., as she is in jail since 14.08.2020 in connection with Crime No.331/2020 registered at Police Station- Bhatapara City; District - Balodabazar-Bhatapara, C.G. for the offence punishable under Section 34 (2) of the C.G. Excise Act.

5. Allegation against the applicant is that she was found in illegal

possession of 15.300 bulk litres of country made liquor.

6. Learned counsel for the applicant submits that the applicant has been falsely implicated in this crime, she is languishing in jail since 14.08.2020, and conclusion of trial is likely to take some time.

7. On the other hand, learned counsel for the State opposes the bail application.

8. Having heard learned counsel for the parties, having regard to the facts and circumstances of the case, considering the quantity of illicit liquor, the detention period of the applicant and the fact that conclusion of trial may take some time, the application is allowed. It is directed that in the event of the applicant executing a personal bond for a sum of Rs.50,000/- with two sureties of Rs.25,000/- each to the satisfaction of the concerned trial Court, she shall be released on bail. She is directed to appear before the trial Court on each and every date given to her by the said Court, till disposal of the trial.

9. It is made clear that the applicant shall not involve herself in any offence of similar nature in future or else this order granting bail to the applicant shall automatically stand cancelled without further reference to the Bench.

Sd/- (Gautam Chourdiya) Judge Ravi M.